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Contract 2019-19A DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C Subgrant Contract Number: 19DB-ON-06-45-02-N17 FLAIR Contract Number: H2363 CFDA Number: 14.228 State of Florida �"il. Department of Department of Economic Opportunity Economic Opportunity Federally-Funded MAR 1 5 2019 Buren Subgrant Agreement — FFY 2017 Funding Cycle '�,7 P- and Aural• ,,,os THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, (hereinafter referred to as"DEO"),and the City of Clermont,hereinafter referred to as the"Recipient" (each individually a"Party"and collectively"the Parties"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, The U.S. Department of Housing and Urban Development (HUD) administers the Small Cities Community Development Block Grant (CDBG) Program at the Federal level and distributes CDBG grant funds to the states. The State of Florida has received these grant funds from HUD. WHEREAS,DEO is the CDBG grantee agency for the State of Florida,designated to receive funds annually for program purposes. DEO is authorized to distribute CDBG funds to the Recipient so that the Recipient may develop and preserve affordable housing,provide services to communities,and create and retain jobs. WHEREAS, Pursuant to the requirements of Title 2, Code of Federal Regulations ("C.F.R."),part 200 and 24 C.F.R. § 570.500, the Recipient is a Subrecipient of federal funds, and is qualified and eligible to receive these subgrant funds in order to provide the services identified herein. NOW THEREFORE,DEO and the Recipient agree to the following: (1) Scope of Work. The Scope of Work for this Agreement includes Attachment A, Project Detail Budget and Deliverables, Attachment B, Project Narrative, and Part 7 and Appendix A from Part 9 of the Recipient's Florida Small Cities CDBG FFY 2017 Application for Funding submitted by the Recipient on August 13,2018. (2) Incorporation of Laws,Rules,Regulations,and Policies. The Recipient agrees to abide by all applicable State and Federal laws,rules, and regulations,including but not necessarily limited to,the Federal laws and regulations set forth at Subpart K of 24 C.F.R. (except that the Recipient does not assume DEO's responsibilities described at § 570.604 and the Recipient does not assume DEO's responsibility for initiating the review process under the provisions of 24 CFR part 52);and chapter 73C-23,Florida Administrative Code(F.A.C.),Effective: May 27,2018. (3) Period of Agreement. This Agreement begins on December 10,2018,(the"Effective Date")and ends on June 9,2021,unless otherwise terminated as provided in this Agreement. DEO shall not grant any extension of this Agreement unless the Recipient provides justification satisfactory to DEO in its sole discretion, and DEO's Director of the Division of Community Development approves such extension. The justification must document that project delays are due to events beyond the Recipient's control,and include a performance plan that demonstrates the Recipient's capacity to perform and complete the remaining project tasks within the extension period. DEO will also take into consideration the Recipient's progress and verifiable achievements at DEO's sole and absolute discretion. Upon expiration or termination of this Agreement,the Recipient shall follow the agreement closeout procedures set forth in Attachment H. 1 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C (4) Modification of Agreement. (a) Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Recipient,including any request using form SC-44,constitutes a request to negotiate the terms of this Agreement and DEO may accept or reject any proposed modification based on DEO's determination, and in its sole discretion,that any such acceptance or rejection is in the State's best interest. (b) When requesting a modification,the Recipient shall electronically submit the following documents to DEO: 1. A cover letter signed by the Recipient's Chief Elected Official or by a duly-authorized Recipient's employee, officer, or board member, as evidenced by a written resolution or similar document. The letter must describe the need for the proposed changes and the effect that they will have on the project. If the modification requests a time extension,the letter must provide the justification for the extension; 2. A draft copy of the Modification to the Subgrant Agreement,Form SC-44; 3. If there are changes to the subgrant budget or the number of beneficiaries or accomplishments,a draft copy of the Request to Modify Agreement,Form SC-35,and a copy of Attachment A-Project Detail Budget and Deliverables; 4. If there are budget changes involving non-CDBG funds, a draft copy of Sources and Uses of Funds, Form SC-36; 5. If there are changes to the timeline, accomplishments or the line item budget, draft copies of the Attachment C-Activity Work Plan pages; 6. If there are changes to the number of beneficiaries or accomplishments,including Unaddressed Need being added to the Agreement as Addressed Need,a copy of the Attachment B-Project Narrative; 7. If there is a change in the location of an activity, a copy of a revised map from the Application for Funding indicating the proposed changes; 8. If the changes being requested in the modification required that a public hearing be held,copies of the public hearing notice and the minutes from the hearing;and 9. For Economic Development subgrants,if a new Participating Party is being added to the Agreement,a copy of the Participating Party Agreement signed by the Recipient and the Participating Party. (c) DEO will review the modification request, and if DEO approves the request, at DEO's sole and absolute discretion, then DEO shall transmit electronically the modification documents to the Recipient. The modification documents must be signed by the Recipient's Chief Elected Official or by a duly-authorized Recipient's employee, officer,or board member, as evidenced by a written resolution or similar document. The Recipient shall return three signed original modifications to DEO via regular mail for DEO's review and signature. (5) Records. (a) The Recipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 — Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. (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 the 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) The 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) The Recipient will provide a financial and compliance audit to DEO,if applicable,and ensure that all related party transactions are disclosed to the auditor. 2 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C (e) The Recipient shall retain sufficient records on-site to show its compliance with the terms of this Agreement, and the compliance of all subrecipients, contractors, subcontractors, and consultants paid from funds under this Agreement,for a period of six years from the date DEO issues the final closeout(as defined in rule 73C-23.0031(14), F.A.C.) for this award. 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 dosed,unless extended in writing by DEO. The six-year period may be extended for the following exceptions: 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 time 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 subrecipients, contractors, subcontractors, 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 Scope of Work and all other applicable laws and regulations. (g) The Recipient shall either (i) maintain all funds provided under this Agreement in a separate bank account (the Recipient shall maintain all funds advanced under this Agreement in a separate bank account)or(ii)the Recipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement (this option is not allowed for advanced funds). There shall be no commingling of funds provided under this Agreement with any other funds, projects, or programs. "Commingling" of funds is distinguishable from "blending"of funds,which is specifically allowed by law. DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement for such costs as described herein,in Subparagraph(19)(e),Repayments. (h) The Recipient, its employees or agents, including all subrecipients, contractors, subcontractors, 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. (i) The Recipient shall include the aforementioned audit and record keeping requirements in all approved subrecipient subcontracts and assignments. (6) Audit Requirements. (a) The Recipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. part 200 if it expends$750,000 or more in Federal awards from all sources during its fiscal year. (b) The requirements listed in Attachment J,Part II: State Funded,are not applicable to this subgrant agreement, which is a Federal pass-through award. (c) Within 60 calendar days of the close of the fiscal year,on an annual basis,the Recipient shall electronically submit a completed Audit Compliance Certification, a blank version of which is attached hereto as Attachment K,to sudit@u.deo.myflorida.com. The 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. This form is in addition to the Audit Certification Memo,Form SC-47,that must be sent to DEO if an audit is not required because the local government spent less than$750,000 in Federal funds during the fiscal year. 3 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C (d) In addition to the submission requirements listed in Attachment J,the Recipient should send an electronic copy of its audit report or an Audit Certification Memo,Form SC-47,by June 30 following the end of each fiscal year in which it had an open CDBG subgrant to the grant manager listed in Paragraph(14)Notice and Contact. The forms referenced in this Agreement are available online at www.FloridaJobs.org/CDBGRecipientInfo or upon request from the grant manager listed in Paragraph(14)Notice and Contact. (7) Reports. The Recipient shall provide DEO with all reports and information as set forth in Attachment H. The quarterly and administrative closeout reports must 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. The Recipient shall provide any additional program updates or information upon request by DEO. If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,payments may be withheld until the reports are properly completed,or DEO may take other action as stated in Paragraph(11)Remedies or otherwise allowable by law. (8) Monitoring. (a) The Recipient shall monitor its performance under this Agreement, including the performance of any subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that the project activities are being accomplished within the specified time periods included in Attachment C-Activity Work Plan and that other performance goals are being achieved. The Recipient shall perform a review for each function or activity in Attachment A-Project Detail Budget and Deliverables and Attachment C -Activity Work Plan,and shall include the results in the quarterly report. (b) In addition to reviews of audits conducted in accordance with Paragraph(6)Audit Requirements,monitoring procedures may include,but are not limited to, on-site visits by DEO staff and limited scope audits. The Recipient shall comply and cooperate with any monitoring deemed appropriate by DEO. If DEO determines a limited scope audit of the Recipient is appropriate,the Recipient shall comply with any additional instructions provided by DEO to the Recipient regarding such audit. The Recipient shall comply and cooperate with any inspections, reviews, investigations,audits,or hearings deemed necessary by HUD,the Comptroller General of the United States,the Florida Chief Financial Officer,or Auditor General,in accordance with section 20.055(5),Florida Statutes(F.S.),or any Federal Office of the Inspector General. (c) DEO shall monitor the Recipient's performance through desk monitorings and on-site monitoring visits. The Recipient shall always and contemporaneously maintain at Recipient's work sites and make available to DEO immediately upon DEO's request all Subgrant's records and documentation,including but not limited to:all Recipient's consultants'work products produced in contemplation of this Agreement for Recipient's Application and pertinent to this Agreement and its implementation. The Recipient shall supply data and make records available as necessary for DEO staff to complete an accurate evaluation of contracted activities. DEO will issue a monitoring report to the Recipient after each monitoring event. The Recipient shall reply in writing to any monitoring findings or concerns that require a response within 45 days of its receipt of DEO's monitoring report. DEO will clear any findings or concerns in writing once the Recipient has successfully addressed them. DEO will reject a Recipient's financial reimbursement request if a required response to a monitoring report is late. (9) Liability. (a) If the Recipient is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) The Recipient is solely responsible to the parties it deals with in carrying out the terms of this Agreement, and shall hold DEO harmless against all claims of whatever nature by third parties arising from the work and services performed under this Agreement. For purposes of this Agreement,the Recipient agrees that it is not an employee or agent of DEO,but is an independent contractor. 4 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C (c) If the Recipient is a state agency or subdivision,as defined in section 768.28,F.S.,then the Recipient agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Recipient if 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 agreement,subrecipient agreement,contract,or subcontract. (10) Events of Default. If any of the following events occur("Events of Default"),DEO may,in its sole discretion,elect to terminate any obligation to make any further payment of funds, exercise any of the remedies set forth in Paragraph (11) Remedies, or pursue any remedy at law or in equity,without limitation. DEO may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in the Recipient's Application for Funding, this Agreement, or any previous agreement with DEO is or becomes false or misleading in any respect, notwithstanding any knowledge on the part of DEO of any untruth of any such representation or warranty,or if the Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; (b) If any material adverse change occurs 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 30 calendar days from the date written notice is sent by DEO; (c) If the Recipient fails to submit any required report,or submits any required report with incorrect,incomplete, or insufficient information,or fails to submit additional information as requested by DEO;or (d) If the Recipient has failed to perform, or timely complete, any of its obligations under this Agreement, including attending DEO's Implementation Workshop. (11) Remedies. If an Event of Default occurs, then DEO shall, upon 30 calendar days written notice to the Recipient and upon the Recipient's failure to cure within those 30 calendar days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon 24-hour written notice from the date notice is sent by DEO,in conformity with Paragraph(14)Notice and Contact; (b) Begin any 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) Demand that the Recipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law,rule,or regulation governing the use of the funds;or (e) Exercise any corrective or remedial actions,including but not limited to: 1. Request additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected;or 3. Advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question. (f) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement,or failure to insist upon strict performance by DEO will not affect,extend,or waive any other right or remedy available to DEO,or affect the later exercise of the same right or remedy by DEO for any other default by the Recipient. 5 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C (12) Dispute Resolution. Disputes concerning the performance of the Agreement shall be decided by DEO,which shall reduce the decision to writing and serve a copy on the Recipient. The decision will be final and conclusive unless within 21 days from the date of receipt, the Recipient files a petition for administrative hearing with DEO. DEO's decision on the petition shall be final,subject to the Recipient's right to review pursuant to chapter 120,F.S. Exhaustion of administrative remedies is an absolute condition precedent to the Recipient's ability to pursue any other form of dispute resolution;provided however,that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in chapter 120,F.S. (13) Termination. (a) DEO may suspend or terminate this Agreement for cause upon 24-hour written notice,from the date notice is sent by DEO. Cause includes, but is not limited to the Recipient's: improper or ineffective use of funds provided under this Agreement;fraud;lack of compliance with any applicable rules,regulations,statutes,executive orders,HUD guidelines,policies or directives,or laws;failure,for any reason,to timely and/or properly perform any of the Recipient's obligations under this Agreement;submission of reports that are incorrect or incomplete in any material respect;and refusal to permit public access to any document,paper,letter,or other material subject to disclosure under law,including chapter 119,F.S.,as amended. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) DEO may terminate this Agreement,in whole or in part, for convenience by providing the Recipient 14- days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date,and,in the case of partial termination,the portion to be terminated. However,if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made,DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. The Recipient shall continue to perform any work not terminated. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing, agreed upon by the Parties. The termination must include the effective date of the termination. (d) If this Agreement is terminated,the Recipient shall not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after the Recipient's receipt of the termination notice. The Recipient shall not be relieved of liability to DEO because of any breach of the Agreement by the Recipient. DEO 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 DEO from the Recipient is determined. (e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (14) 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: Ginger Waters,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) 717-8410—Fax: (850) 922-5609 Email:Ginger.Waters@deo.myflorida.com 6 DocuSIgn Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C (c) The name and address of the Local Government Project Contact for this Agreement is: Terry Dykehouse City of Clermont 685 W.Montrose Street Clermont,Florida,34712 Telephone: (352) 394-7177-Fax: (352)394-8776 Email:tdykehouse@clermontfl.org (d) If 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 (14)(a)above. (15) Contracts. (a) If the Recipient contracts any of the work required under this Agreement,a copy of the proposed contract, and any proposed amendments,extensions,revisions or other changes thereto,must be forwarded to DEO for prior written approval. For each contract, the Recipient shall report to DEO as to whether that contractor, or any subcontractors hired by the contractor,is a minority vendor,as defined in section 288.703,F.S. Documentation must also be maintained on-site by the subgrant Recipient. The Recipient shall include the following conditions in any contract: 1. that the contractor is bound by the terms of this Agreement; 2. that the contractor is bound by all applicable State and Federal laws,rules,and regulations; 3. that the contractor shall hold DEO and the Recipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; 4. provisions addressing bid,payment,and performance bonds,if applicable,and liquidated damages. The Recipient shall document in the quarterly report the contractor's progress in performing its work under this Agreement;and 5. the contractor shall include the foregoing provisions in any contract for the performance of any work contemplated by this Agreement. (b) For any contract that the Recipient executes for administrative services with a consultant that produced work products in contemplation of this Agreement for Recipient's Application and pertinent to this Agreement and its implementation,the Recipient shall include the following conditions: 1. that all original income survey forms shall be turned over to the Recipient;and 2. that copies of any spreadsheets produced to compile survey results shall be given to the Recipient. (16) Terms and Conditions. This Agreement,and the attachments and exhibits hereto,contains all the terms and conditions agreed upon by the Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement;and this Agreement supersedes all previous communications,representations,or agreements, either verbal or written,between the Parties.If a court of competent jurisdiction voids or holds unenforceable any provision of this Agreement,then that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable,and all other provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. (17) Attachments. (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise, the language of the attachments shall control,but only to the extent of the conflict or inconsistency. 7 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C (b) This Agreement contains the following attachments: Attachment A—Project Detail Budget and Deliverables Attachment B—Project Narrative Attachment C—Activity Work Plan Attachment D—Program and Special Conditions Attachment E—Category Specific Conditions for Neighborhood Revitalization Attachment F—State and Federal Statutes,Regulations,and Policies Attachment G—Civil Rights Requirements Attachment H—Reports Attachment I—Warranties and Representations Attachment J—Audit Requirements Exhibit 1 to Attachment J—Funding Sources Attachment K—Audit Compliance Certification (18) Funding/Consideration. (a) The funding for this Agreement shall not exceed $750,000, subject to the availability of funds. The State of Florida and DEO'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 F.S., or the Florida Constitution. (b) DEO will provide funds to the Recipient by issuing a Notice of Subgrant Award/Fund Availability("NFA") through DEO's financial management information system. Each NFA may contain specific terms, conditions, assurances,restrictions,or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA,the Recipient agrees to comply with all terms,conditions,assurances,restrictions,or other instructions listed in the NFA. (c) The Recipient hereby certifies to DEO that written administrative procedures,processes,and fiscal controls are in place for the operation of its CDBG program for which the Recipient receives funds from DEO. The written administrative procedures,processes, and fiscal controls described in this paragraph must, at minimum, comply with applicable state and federal law,rules,regulations,guidance,and the terms of this Agreement. DEO has included,and the Recipient shall perform, any necessary special conditions added to Attachment D by DEO, where DEO's grant manager determined at the site visit that any of the Recipient's procedures were deficient. (d) The Recipient shall expend funds only for allowable costs and eligible activities,and in accordance with the Scope of Work. (e) The Recipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Recipient set forth on the SERA Access Authorization Form, provided by DEO, must approve the submission of payment requests on behalf of the Recipient. (f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG funds. (g) 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 Budget,the Florida Legislature,the State Chief Financial Officer,or under Subparagraph (20)(i),Mandated Conditions,of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate,and the Recipient shall submit its administrative closeout report and subgrant agreement closeout package within 30 calendar days of receiving notice from DEO. 8 DocuSign Envelope ID:91501200-CB4F-4861-BA66-B9D062CC483C (h) The Recipient is ultimately responsible for the administration of this Agreement,including monitoring and oversight of any person or entity retained or hired by the Recipient to complete any Project Implementation Deliverables listed in Attachment B. The Recipient shall send a representative,either an employee or an elected official, to DEO's Implementation Workshop for the funding cycle so that it learns its responsibilities under the Agreement. DEO shall reimburse the travel costs of the representative in accordance with section 112.061,F.S. Failure to send a representative to the Implementation Workshop is an Event of Default as set forth in Paragraph(10)Events of Default. (19) Repayments. (a) The Recipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. The Recipient shall ensure that its subrecipients, contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Pursuant to 24 C.F.R.§570.489(b),the Recipient may request reimbursement for eligible application preparation costs that were listed in the Recipient's Application for Funding. (b) In accordance with section 215.971, F.S., the Recipient shall refund to DEO any unobligated funds which have been advanced or paid to the Recipient. (c) The Recipient shall refund to DEO any funds paid in excess of the amount to which the Recipient or its contractors,subcontractors,or consultants are entitled under the terms and conditions of this Agreement. (d) The Recipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 C.F.R.§570.483(b),(c)and(d);provided however,the Recipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion,determines the Recipient is at fault for the ineligibility of the activity in question. (e) The Recipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO,by the Recipient,within 30 calendar days after DEO has notified the Recipient of such non-compliance. (f) In accordance with section 215.34(2), F.S.,if a check or other draft is returned to DEO for collection, the Recipient shall pay to DEO a service fee of;15.00 or five percent of the face amount of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of Department of Economic Opportunity"and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee,Florida 32399-6508 (20) 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 its Application for Funding, in this Agreement,in any later submission or response to a DEO request, or in any submission or response to fulfill the requirements of this Agreement. All said information, representations, and materials are incorporated by reference. DEO may terminate this Agreement upon 24-hours written notice if any information,representation,or material submitted by the Recipient is inaccurate or false. (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. The Parties explicitly waive any right to jury trial. If any provision of this Agreement conflicts with any applicable statute or rule,or is unenforceable,then that provision shall be null and void only to the extent of the conflict or unenforceability,and that provision shall be severable from, and shall not invalidate,any other provision of this Agreement. (c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. 9 DocuSign Envelope ID 91501200-CB4F-4861-BA66-B9D062CC483C (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. § 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (§§ 760.01 — 760.37, F.S), 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) Pursuant to section 287.133(2)(a),F.S.,a person or affiliate,as defined in section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids, proposals,or replies 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 any public entity;and may not transact business with any public entity in excess of$35,000 for a period of 36 months following the date of being placed on the convicted vendor list. The Recipient warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (g) Pursuant to section 287.134(2)(a),F.S.,an entity or affiliate,as defined in section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies 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 any public entity; and may not transact business with any public entity. The Recipient warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (h) If the Recipient is not a local government or state agency and it receives funds under this Agreement from the Federal government,the Recipient certifies,to the best of its knowledge and belief,that it and its principals: 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 three-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 Subparagraph (20)(h)2.,Mandated Conditions,of this Agreement;and 4. Have not within a five-year period preceding this Agreement had one or more public transactions (Federal,State or local)terminated for cause or default. 5. 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 DEO for each contractor, and a completed Form SC-38,Certification Regarding Debarment, Suspension,Ineligibility,and Voluntary Exclusion(Subcontractor),to DEO for each subcontractor. A completed Form SC-37 must be received by DEO before the Recipient enters into a contract with the respective contractor, and a completed Form SC-38 must be received by DEO before a contractor enters into a subcontract with the respective subcontractor. (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. 10 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C (j) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061,F.S.,the rules promulgated thereunder,and 2 C.F.R. §200.474. (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount. (1) The Recipient is subject to Florida's Government in the Sunshine Law (section 286.011,F.S.)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,F.S. (m) The Recipient shall comply with section 519 of Public Law 101-144 and section 906 of Public Law 101-625 by having,or adopting within 90 days of execution of this Agreement,and enforcing,the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement the Recipient shall transfer to DEO any CDBG funds on hand at the time of expiration or termination,and any accounts receivable attributable to the use of CDBG funds. (o) Any real property under Recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the subrecipient in the form of a loan)in excess of$25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or 2. If not used to meet a national objective,Recipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition or improvement of the property,for five years after expiration or termination of this Agreement. (21) Lobbying Prohibition. (a) No funds or other resources received from DEO 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. (b) The Recipient certifies,by its signature to this Agreement,that: 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 of Lobbying Activities,"in accordance with its instructions;and 3. The Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose as described in this Paragraph(21),above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 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. 11 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C (22) Copyright,Patent,and Trademark. (a) 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. (b) 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. (c) 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 DEO 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 DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (d) Within 30 calendar 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,and DEO shall have the right to all patents and copyrights which accrue during performance of the Agreement. (23) Legal Authorization. (a) 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 certifies that the undersigned person has the authority to legally execute and bind the Recipient to the terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind the Recipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. (b) The Recipient warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding,investigation,or any other legal or financial condition that would in any way prohibit,restrain,or diminish the Recipient's ability to satisfy its Agreement obligations. The Recipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of the Agreement. (24) Public Record Responsibilities. (a) In addition to the Recipient's responsibility to directly respond to each request it receives for records made or received by the Recipient in conjunction with this Agreement and to provide the applicable public records in response to such request, the Recipient shall notify DEO of the receipt and content of such request by sending an email to PRRequest@deo.myflorida.com within one business day from receipt of such request. (b) The Recipient shall keep and maintain public records,on-site as required by DEO,to perform the Recipient's responsibilities hereunder. The Recipient shall,upon request from DEO's custodian of public records,provide DEO with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by chapter 119,F.S.,or as otherwise provided by law. The Recipient shall allow public access to all documents,papers,letters or other materials made or received by the 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),F.S. For records made or received by the Recipient in conjunction with this Agreement,the Recipient shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for records that are public records,as public records are defined in section 119.011,F.S.,the Recipient shall be responsible for providing such public records per the cost structure provided in chapter 119,F.S.,and in accordance with all other requirements of chapter 119,F.S.,or as otherwise provided by law. (c) 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 public record made or received by the Recipient in conjunction with this Agreement. 12 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C (d) If, for purposes of this Agreement, the Recipient is a "contractor"as defined in section 119.0701(1)(a), F.S. ("Recipient-contractor"), the Recipient-contractor shall transfer to DEO, at no cost to DEO,all public records upon completion including termination,of this Agreement,or keep and maintain public records required by DEO to perform the service. If the Recipient-contractor transfers all public records to the public agency upon completion of the Agreement, the Recipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient-contractor keeps and maintains public records upon completion of the Agreement,the Recipient-contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to DEO, upon request from DEO's custodian of public records,in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request, DEO shall notify the Recipient-contractor of the request as soon as practicable, and the Recipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time. If the Recipient-contractor does not comply with DEO's request for records,DEO shall enforce the provisions set forth in this Agreement. A Recipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under section 119.10,F.S. (f) The Recipient shall notify DEO verbally within 24 chronological hours and in writing within 72 chronological hours if any data in the Recipient's possession related to this Agreement is subpoenaed or improperly used,copied,or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. The Recipient shall cooperate with DEO,in taking all steps as DEO deems advisable,to prevent misuse,regain possession, or otherwise protect the State's rights and the data subject's privacy. (g) The Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public records and that reports,invoices,and other documents the Recipient submits to DEO under this Agreement constitute public records under Florida Statutes. The Recipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of chapter 119,F.S. (h) If the Recipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by the Recipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of chapter 119,F.S., prior to submittal of the record to DEO serves as the Recipient's waiver of a claim of exemption. The Recipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Recipient-contractor does not transfer the records to DEO upon completion,including termination, of the Agreement. (i) IF THE RECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRequest(a,deo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator,107 East Madison Street, Caldwell Building,Tallahassee, Florida 32399-4128. 13 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C (j) To the extent allowable by law, the Recipient shall be fully liable for the actions of its agents, employees, partners,subrecipients,contractors,and subcontractors and shall fully indemnify,defend,and hold harmless the State and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Recipient,its agents,employees,partners,subrecipients,contractors,or subcontractors, provided, however, that the Recipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO,in its sole discretion, has the right, but the not obligation,to enforce this indemnification provision. (k) DEO does not endorse any Recipient, commodity, or service. No public disclosure or news release pertaining to this Agreement shall be made without the prior written approval of DEO. The Recipient is prohibited from using Agreement information,or DEO customers in sales brochures or other promotions,induding press releases, unless prior written approval is obtained from DEO. (1) The Recipient shall comply with the requirements set forth in section 119.0701,F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. The Recipient shall amend each of the Recipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Recipient does not comply with this provision. (25) 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 the Recipient to: 1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the Agreement term;and, 2. Indude in all contracts under this Agreement the requirement that contractors, subcontractors, consultants and subrecipients performing work or providing services pursuant to this Agreement use the E-Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, consultants and subrecipients during the term of the contract. (b) The Department of Homeland Security's E-Verify system can be found at haps://www.e-verify.gov/ (c) If the Recipient does not have an E-Verify Memorandum of Understanding in effect, the Recipient must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. (26) Program Income. (a) The Recipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.489(e)) generated by activities carried out with CDBG funds made available under this Agreement as part of the Recipient's Quarterly Progress Report,Form SC-65. The Recipient shall use program income in accordance with the applicable requirements of 2 C.F.R.part 200,24 C.F.R.part 570,sections 290.046-290.048,F.S.,chapter 73C-23.0051,F.A.C.,and the terms of this Agreement. (b) The Recipient shall return all program income generated after closeout to DEO. The Recipient shall return all program income generated prior to closeout to DEO unless the program income is used to fund additional units of CDBG activities, specified in a modification to this Agreement, and duly executed prior to administrative closeout. DEO or the State may require remittance of all or a portion of any balance of a Recipient's program income at the end of a program year. 14 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C (27) Independent Contractor. (a) In the Recipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed that the Recipient is always acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship,partnership or joint venture between the Parties. The Recipient shall always remain an independent contractor with respect to the services to be performed under this Agreement. (b) The Recipient,its officers,agents,employees,subcontractors,or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer,employee,agent,joint venturer,or partner of the State of Florida. Nor shall the Recipient represent to others that,as the Recipient, it has the authority to bind DEO unless specifically authorized to do so. (c) Neither the Recipient, nor its officers, agents,employees, subcontractors,or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer,or partner of the State of Florida. (e) Unless justified by the Recipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g.,office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient or its subcontractor or assignee. (f) DEO shall not be responsible for withholding taxes with respect to the Recipient's use of funds under this Agreement. The Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security,workers'compensation,health or disability benefits,reemployment assistance benefits, or employee benefits of any kind. The Recipient shall ensure that its employees, subcontractors, and other agents, receive benefits and necessary insurance (health,workers'compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) The Recipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443,F.S. (The remainder of this page left blank intentionally.) 15 Dr Illattment of : .r•.,,,c:,*ti7ity DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C MAR 15 2019 S'03:.1 of Erna?!Citi,s State of Florida 'r rsr^� tides Department of Economic Opportunity Federally Funded Subgrant Agreement Signature Page Subgrant Contract Number: 19DB-ON-06-45-02-N 17 FLAIR Contract Number: H2363 IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth above and in all Attachments and Exhibits hereto, the Parties, through their duly-authorized representatives, sign this Agreement and represent and warrant that they have read and understand the Agreement and Attachments and Exhibits'terms and conditions on the day,month, and year set forth below. City of Clermont Department of Economic Opportunity BY: / /f/D,te:2_JC1 By: Date: re-/river Authoriz . S attire) (Authorized Signature) 2e//4N I1Nu5 Name: Gail L.Ash Name: —Julie A. Dcnni, elli E'F Dr- 57-n cp Title: Mayor Title: Federal Tax ID#: 59-6000290 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 Econo .'c O.•ortunity By: . ONO. Approved Date: p 16 r--- ! o 0 r. ' -� ct o s o � v Z 5 yin cc V - 0 o Hw en e, `^ v rg co u 4) en b a z 4.4 ^ w 01 0wb V u 12 bA c o cQ o U v v . z i.: " -, .0 ,0 o V ow .0 b E el c V u V O 5 01 1.4 ro CO Z o CN .-- o a o .� 0 U , "' 4" 4" V> .5 >� o in A CO U E en P. ev _ b "C? 00 co a °�' N R c < M 464O itt -c w "" o Li, .0 a) r w 4) .4-;�E a ClN •th0:1 o ct cv z A oo a c. V t« u OCO ,, 'o 6V 0G a �r .acc u f. : .-. c 2 z en = a o0 U 4.) p � LL. E UE v •a .. b v V t U „ u VC N to 4' 0 4+ G G1 CO w' ate. a� t. 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O m � � Z � �� OOL U O o ' p u cC o a °o U a bo � fi z v 8 U Q ( .- a a a a o co oe k�� ° X 0 E 0 U vV w o o \ y U U U o .� a. $ U •� ti -O U o 0 0 0 •Li z 6J e C v kl ,� C o 0 o C U N o r: 4, v N O r C 'u) o ✓ O co C Q fi m O U U U U cc ct cc cci U ' A . w . -c � .� N d a 0 g � ., � o 0- rn az ., " i Ly '' a C C CO o 00 D 0 W m Q v � o U U U U Q n N h h aD t... C' R fi �' U C C C C - co t .. . Ww •-'? L) 4 U0 0 0 0 cr a u. U V. U > C A . C C N N NpN "! �OC 'Cin Wv rn E & 6� i� 7. (� V O > .C- o C A N N N N N C •a b t C C0 C tel C r. M G� r, co P4 0 in c 8 0 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C Attachment D — Program and Special Conditions Program Conditions The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion. a. Within 120 calendar days of the subgrant award,the Recipient shall complete the following activities: • Request approval for all professional service contracts;and • Submit an initial payment request for administrative services,if applicable. b. Within 180 calendar days of the subgrant award,the Recipient shall complete the following activities: • Complete the environmental review and submit the Request for Release of Funds and Certification(form HUD-7015.15) to DEO for review;and • Request a wage decision(s) using DEO form SC-56 for applicable construction activities if points were received on the application for"Readiness to Proceed;" c. The Recipient shall advertise for its construction procurement within 30 calendar days after receiving its Authority to Use Grant Funds (form HUD-7015.16) and DEO's written acceptance of the plans and specifications if Recipient received points for"Readiness to Proceed"on its Application for Funding. d. If the Recipient did not receive points for "Readiness to Proceed,"it must request a wage decision(s) using DEO form SC-56 at least 30 days before advertising for its construction procurement. Financial Consequences: Failure to comply with any one of the conditions listed above within 15 business days after the specified due date will result in a financial consequence of$1,000 and$1,000 per month beyond the due date until the requirement is met;and loss of"Readiness to Proceed"points,where applicable,which will impact the overall score of the application. DEO shall deduct the amount of the assessed financial consequence from the disbursement amount due to Recipient. If Recipient has only one (1) instance of failure to comply with this agreement,DEO,in its sole discretion,may waive assessment of the financial consequence if the submittal is made within 15 business days of the due date. A justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 15 calendar days of the due date. Any subgrant agreement for which the Recipient has not completed two or more of the activities listed in a. through d. above shall be rescinded unless DEO agrees that the Recipient has provided 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 budget/activity line items as defined in Attachment A-Project Detail Budget and Deliverables and Attachment C-Activity Work Plan. 3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application preparation costs outlined in the original Small Cities CDBG Application for Funding submitted to DEO, unless pre-agreement costs were approved in writing by DEO. 4. The Recipient shall not exclude any firm from submitting a bid or proposal for any work funded partially or wholly with CDBG funds based on a minimum experience requirement. However,a firm's experience can be considered as an evaluation factor in the ranking for professional services and taken into account in evaluating the"responsibility" of a firm when determining the"low,responsive,responsible bidder"for services procured through bids,as required by 2 C.F.R. §200.319(a). 25 DocuSign Envelope ID:91501200-CB4F-4861-BA66-B9D062CC483C Attachment D - Program and Special Conditions 5. CDBG procurement for consultant services and construction activities requires public notice in a newspaper of general circulation in the county where the Recipient is located. The public notice shall include the following criteria for the procurement process to meet legal requirements and be approved: a. If the notice is published in a newspaper that is located in an Office of Management and Budget (OMB) designated metropolitan statistical area(MSA),only one responsible and responsive bid or proposal is needed to complete the procurement process. If the notice is not published in a newspaper that is located in a MSA, at least three responsible and responsive bids or proposals must be received by the Recipient to complete the procurement process; b. A Recipient,whose newspaper of general circulation is not located in a MSA, may advertise in both a local newspaper and a newspaper in a nearby MSA. In this case, only one responsible and responsive bid or proposal would be needed to complete the procurement process; c. The public notice must be published at least 12 days before the deadline for receipt of the proposals or bids. For construction activities, the public notice period shall conform to section 255.0525, F.S. regarding the numbers of days between publishing the notice and bid opening; d. Nothing in subparagraphs a.,b.,or c.above shall preclude the Recipient from using additional media to solicit bids related to procurement of professional services and construction activities; e. Each public notice for procurement of CDBG professional services,except for application preparation,must identify either the CDBG funding cycle or the CDBG contract number. In the absence of any identifier,the procurement will be presumed to be for the CDBG funding cycle closest to the publication date of the notice; f. In procuring services for subgrant administration,the public notice or the Request for Proposals must include all the criteria that will be used to evaluate and score the proposals. Any firm that assists the Recipient in developing or drafting criteria used in the Request for Proposals(RFP)shall be excluded from competing for the procurement as required by 2 C.F.R. §200.319(a);and g. Any RFP which includes more than one service shall provide the following: • Proposals may be submitted for one or more of the services; • Qualifications and proposals shall be separately stated for each service;and • Separate evaluations shall be done on the proposals for each service. If separate procurements result in one firm being selected for both application and administration services,those services may be combined into one contract provided there are separate scopes of work and a separate fee for each service. 6. A written evaluation,such as a ranking sheet or narrative,shall be prepared for each proposal,ranking or comparing each proposal to the criteria in the published RFP. 7. The Recipient is not required to publish a RFP for subgrant administration if it decides to contract with its Regional Planning Council to administer the subgrant. 8. A Recipient whose application received "Readiness to Proceed"points may use the design engineer for services during construction if DEO determines that the procurement for design services is compliant with 2 C.F.R. part 200 and the RFP specifically included services during construction in the scope of work. 9. For construction procurement,if other funding sources will be included in the bid documents,the activities to be paid for with CDBG funds must be shown separately so that the bid proposal identifies the CDBG activities and the amount of the contract to be reimbursed with CDBG funding. 26 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment D — Program and Special Conditions 10. Construction contracts shall be awarded to the low, responsive and responsible bidder. If all bids exceed the available funds,the Recipient can apply one or more deductive bid alternates to determine the low,responsive and responsible bidder. The Recipient can reject all bids if they exceed the available funds and republish the notice. 11. The Recipient shall request approval of all professional services contracts and/or agreements that will be reimbursed with CDBG funds. Copies of the following procurement documents must be provided to DEO for review: a. A copy of the Request for Proposals(RFP); b. A copy of the RFP advertisement,including an affidavit of publication from the newspaper; c. A list of entities to whom a notification of the RFP was provided by mail or fax (if applicable); d. Documentation of all efforts to get MBE/WBE firms to submit proposals; e. For engineering/architecture contracts,a list of firms that submitted a proposal(only if short-listing procedure was used); f. Completed and signed final evaluation/ranking forms for all firms submitting a proposal and a scoring summary sheet; g. A copy of the cost analysis for administrative services procurements,or if multiple responses to the RFP were received,a copy of the price analysis; h. A copy of a cost analysis for all procurements of engineering services; i. A copy of the minutes from the commission/council meeting approving contract award; j. A copy of the proposed contract; k. Truth-in-Negotiation certification(if not in the contract)for engineering contracts over$150,000; 1. If a protest was filed,a copy of the protest and documentation of resolution; m. The Recipient shall request DEO's approval of a single source procurement if only one firm was considered and the contract exceeds$35,000. 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 DEO. Failure to secure prior written approval shall relieve DEO of any obligation to fund the said procurement contract or agreement. DEO shall disallow any payments to the Recipient to fund any contract or agreement based on a sole source or single proposal procurement for which the Recipient has not obtained DEO's approval;and n. If a regional planning council or another local government is selected to administer subgrant activities, the Recipient shall submit only a copy of the contract or agreement and cost analysis information. DEO 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 shall notify DEO in writing no later than 90 calendar 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. 12. 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,the Recipient shall complete the following. a. Submit for DEO's approval the documentation required in paragraph 11 above for any professional services contract. The Recipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO 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). 27 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment D — Program and Special Conditions b. Comply with 24 C.F.R.part 58,and the regulations implementing the National Environmental Policy Act,40 C.F.R. §§ 1500-1508. When the Recipient has completed the environmental review process,it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16)when this condition has been fulfilled to the satisfaction of DEO. The Recipient shall not commit funds or begin construction before DEO has issued the"Authority to Use Grant Funds." 13. The Recipient shall obtain approval from DEO prior to requesting CDBG funds for engineering activities and costs which are additional engineering services as defined in rules 73C-23.0031(1)(a)-(l),F.A.C. 14. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended (42 U.S.C. §§4601-4655;hereinafter,the"URA"),implementing regulations at 24 C.F.R. part 42,49 C.F.R. part 24 and 24 C.F.R. §570.606(b),the requirements of 24 C.F.R. §42.325—42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 C.F.R. § 570.606(d), governing optional relocation assistance policies. If the Recipient undertakes any activity subject to the URA, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her rights under the URA, an 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 DEO can determine whether remedial action may be needed. The Recipient shall provide relocation assistance to displaced persons as defined by 24 C.F.R. § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation,demolition or conversion for a CDBG-assisted project. 15. For Neighborhood Revitalization,Commercial Revitalization and Economic Development projects,the Recipient shall,prior to being reimbursed for more than$15,000 for administrative services,provide to DEO a copy of all engineering specifications and construction plans,if required, for the activities described in the Agreement. The Recipient shall also furnish DEO,prior to soliciting 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 $35,000. Additionally,the Recipient shall not publish any request for bids for construction purposes or distribute bid packages until DEO has provided its written acceptance of the engineering specifications,construction plans, and bid documents. 16. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories 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 publication; 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 (five percent of the bid price) for the prime contractor(s) selected to do the work, and; g. Completed copies of the following forms for all prime contractors and subcontractors: • Form SC-51 —Bidding Information and Contractor Eligibility; • Form SC-37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); 28 DocuSign Envelope ID.915D1200-CB4F-4861-8A66-B9D062CC483C Attachment D — Program and Special Conditions • Form SC-52—Section 3 Participation Report(Construction Prime Contractor); • Form SC-38(if applicable)—Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion (Subcontractor); • Form SC-53 (if applicable)—Section 3 Participation Report(Construction Subcontractor),and; • Form SC-54(if applicable)—Documentation for Business Claiming Section 3 Status For each procured construction contract or agreement in Housing Rehabilitation projects for which CDBG funding will be requested,the Recipient shall submit the following procurement documents for all prime contractors and subcontractors: • a. Form SC-37 —Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Form SC-52—Section 3 Participation Report(Construction Prime Contractor); c. Form SC-38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion(Subcontractor);and d. Form SC-53 (if applicable)—Section 3 Participation Report(Construction Subcontractor). 17. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories,if a job classification needed to complete a construction activity is not included in the Davis-Bacon Act wage decision that was previously obtained from DEO, the Recipient shall request an additional classification using Form SC-57-Employee/Employer Wage-Scale Agreement after the construction contract has been awarded. 18. For each Commercial Revitalization,Economic Development and Neighborhood Revitalization projects,when the Recipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond(100 percent of the contract price)if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. §200.88;and c. The contractor's payment bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. §200.88. 19. The Recipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 C.F.R. §570.487(b)(4). 20. 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 the Project Detail Budget. All funds claimed for leverage shall be expended after the date that the Authority to Use Grant Funds is issued and prior to Recipient's submission of the administrative closeout package for this Agreement,except for the following costs: • Eligible administrative,engineering and environmental review costs expended after the site visit but prior to the date when the Authority to Use Grant Funds is issued,and • The CDBG portion of the cost of post-administrative closeout audits. 21. 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 years. 29 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment D — Program and Special Conditions 22. The Recipient shall ensure that a deed restriction is 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 subgrant application and that title shall remain in the name of the Recipient. Such deed restriction 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 C.F.R. §570.505. Any future change of use of real property shall be in accordance with 24 C.F.R. §570.4890). 23. The Recipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966,as amended,the procedures set forth in 36 C.F.R. part 800,and the Secretary of the Interior's Standards for Rehabilitation,codified at 36 C.F.R. 67,and Guidelines for Rehabilitating Historic Buildings. 24. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Recipient shall update and submit Form HUD 2880 to DEO within 30 calendar 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 application 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 10 percent of the grant,whichever is less. 25. If required, the Recipient shall submit a final Form HUD 2880, to DEO with the Recipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 26. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R.§570.489(g). Title 24 C.F.R. §570.489(h)shall apply in all conflicts of interest not governed by 24 C.F.R.§ 570.489(g),such as those relating to the 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. Additionally,the Recipient agrees to comply with, and this Agreement is subject to,chapter 112 F.S.,and rule 73C-23.0051(7),F.A.C. 27. 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 DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG funds. 28. The Recipient shall take photographs of all activity locations from multiple angles prior to initiating any construction. As the construction progresses,additional photography shall document the ongoing improvements. Upon completion of construction,final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 29. 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. 25. If necessary,the Recipient shall retain sufficient administration funds to ensure internet access,including email,for the duration of the Agreement,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 intemet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow intemet access. Special Conditions Not Applicable. 30 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment E — Category Specific Conditions for Neighborhood Revitalization 1. The Recipient must meet a "National Objective" for each service area addressed with CDBG funds. If a National Objective is not met for a service area, all CDBG funds received for the activities conducted in that service area must be repaid. 2. If the Recipient installs 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. Hookups must be accomplished prior to or concurrent with conversion of the water lines to a potable water distribution system. 3. The Recipient is responsible for verifying and maintaining documentation that households receiving direct benefits, in the form of hookups to potable water and/or sewage collection lines,meet program requirements regarding the low- and moderate-income National Objective. The Recipient shall maintain homeowner files locally and at a minimum include 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 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. 4. The Recipient shall provide the following data in its Administrative Closeout Report for each CDBG-funded activity: a. For activities which provide indirect benefits (e.g., 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 benefits (e.g., utility hookups, housing rehabilitation, temporary relocation), beneficiary data shall be provided based solely on the head of household. The number of females and female heads of households,the number of handicapped persons,the number of elderly persons; b. The number of moderate-income (MI), low-income (LI), and very low-income (VLI) beneficiaries proposed and actually served; c. The name of each head of household, owner's name (if different), and address of each housing unit hooked up to water or sewer service with CDBG funds,the date the construction was completed on the housing unit, and the amount of CDBG funds spent on that housing unit;and d. The racial demographics and ethnicity of the head of each household using the following descriptions: 1) White, 7) Asian and White, 2) African American, 8) African American and White, 3) Asian, 9) American Indian/Alaskan Native and African 4) American Indian or Alaskan Native, American,or 5) Native Hawaiian/Pacific Islander, 10) Other Multi-Racial;and 6) American Indian or Alaskan Native and 11) If the head of household is Hispanic White 31 DocuSign Envelope ID 915D1200-CB4F-4861-BA66-B9D062CC483C Attachment F — State and Federal Statutes, Regulations, and Policies The Recipient agrees to, and,by signing this Agreement, certifies that,it will comply with the requirements of 24 C.F.R. part 570, subpart I, and § 570.200(j) and § 570.606 (HUD regulations concerning State Community Development Block Grant Programs). The Recipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Recipient further agrees to comply with all other applicable Federal, State and local laws,regulations,and policies governing the funds provided under this Agreement,including,but not limited to the following: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. part 200); 2. Florida Small Cities Community Development Block Grant Program Act(§§290.0401-290.048,F.S); 3. Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23,F.A.C.); 4. Title I of the Housing and Community Development Act of 1974,as amended(42 U.S.C. §§ 5301-5321); 5. Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R.part 205); 6. Community Planning Act(§ 163.3164,F.S.); 7. Florida Small and Minority Business Assistance Act(§§288.703-288.706,F.S.); 8. CDBG Technical Memoranda (https://www.hudexchange.info/community-development/cdbg-memoranda/); 9. Applicable HUD Community Planning and Development Notices (ittps://www.hudexchange.info/manage-a- program/cpd-notices); 10. Single Audit Act Amendments of 1996 (31 U.S.C. §§7501-7507; 11. Environmental Review Procedures for Entities Assuming HUD Responsibilities(24 C.F.R.part 58); 12. Environmental Criteria and Standards(24 C.F.R.part 51); 13. Flood Disaster Protection Act of 1973,as amended(42 U.S.C.§§4001-4129),Floodplain Management and Protection of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990 (Protection of Wetlands); 14. National Environmental Policy Act of 1969,as amended(42 U.S.C.§§4321-4370h)and other provisions of law which further the purpose of this act; 15. National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301-320303), Protection of Historic Properties (36 C.F.R. part 800),and other provisions of law which further the purpose of this act; 16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C. §§312501-312508); 17. Coastal Zone Protection Act of 1985 (§§ 161.52-161.58,F.S.); 18. Safe Drinking Water Act of 1974,as amended (42 U.S.C.§§ 1400-1465); 19. Federal Water Pollution Control Act of 1972,as amended(33 U.S.C.§§1251-1387); 20. Davis—Bacon Act of 1931,as amended(40 U.S.C. §§3141-3148)and Labor Standards Provisions of 29 C.F.R.part 5; 21. Contract Work Hours and Safety Standards Act of 1962,as amended(40 U.S.C. §§3701-3708); 22. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C.§§6901-6992k); 23. Architectural Barriers Act of 1968(42 U.S.C. §§4151-4157)and the Uniform Accessibility Standards,as applicable; 24. Federal Fair Labor Standards Act of 1938,as amended (29 U.S.C. §§201-219); 25. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. §§4601-4655), and the applicable rules for Federal and Federally-Assisted Programs at 49 C.F.R.part 24; 26. Copeland"Anti-Kickback"Act(18 U.S.C. §874); 27. Hatch Act of 1939,as amended (5 U.S.C. §§ 1501-1508); 28. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846); the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C.§§4851-4856);and the applicable implementing regulations at 24 C.F.R.part 35 and 24 C.F.R.part 570,subparts A,B,J,K,and R; 29. Section 102 of HUD Reform Act of 1989(42 U.S.C. §3545)and HUD Reform Act regulations at 24 C.F.R.part 4; 30. False Claims Act(31 U.S.C. §§3729-3733); 31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R.part 247);and 32. Clean Air Act (42 U.S.C. §§ 7401-7671q), and National Primary and Secondary Ambient Air Quality Standards (40 C.F.R.part 50);and 33.Whistleblower Protection enacted by Section 828 of P.L. 112-239 and permanently extended under P.L 114-261. 32 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment G — Civil Rights Requirements Fair Housing As a condition for the receipt of CDBG funds,each Recipient must certify that it will"affirmatively further fair housing"in its community. The Recipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed 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) Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Recipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Recipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4) Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken,and d) If the caller was referred to another agency,the results obtained by the referral agency; 5) Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters;and 6) Display a fair housing poster in the CDBG Office. (This does not count as a fair housing activity.) The Recipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or 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 dubs,and neighborhood association meetings; • Conducting a fair housing poster contest or an essay contest; • 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;however,mailing a DEO-approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Recipient shall document its 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. 33 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment G — Civil Rights Requirements Equal Employment Opportunity As a condition for the receipt of CDBG funds, each Recipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG funds will abide by the Equal Employment Opportunity(EEO)Laws of the United States. The 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, subcontractors, subrecipients and consultants 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) Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3) Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Recipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Recipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4) Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call,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(s) to use when it hires subcontractors and consultants. 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://osd.dms.myflorida.com/directories. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG funds,the Recipient must certify that it provides access to all federally funded activities to all individuals,regardless of handicap. The Recipient shall demonstrate its commitment to abide by the laws through the actions listed below. The 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) Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Recipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Recipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 34 DocuSign Envelope ID.915D1200-CB4F-4861-BA66-B9D062CC483C Attachment G — Civil Rights Requirements • 4) Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call,and c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 C.F.R. 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 regulations (Title II, 28 C.F.R. part 35, and Title III, 28 C.F.R. part 36) prohibit 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. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all 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 C.F.R. § 135.38 is required to be included in CDBG-funded contracts of$100,000 or more. 35 DocuSign Envelope ID 915D1200-CB4F-4861-BA66 B9D062CC483C Attachment G — Civil Rights Requirements 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 U.S.C. § 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 C.F.R.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. 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 applications 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 C.F.R.part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. 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 C.F.R.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 C.F.R.part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 C.F.R.part 135. F. Noncompliance with HUD's regulations in 24 C.F.R.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 U.S.C.§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 (it) 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). Whistleblower Protection The following clause,is required to be included in all federally funded subawards and contracts over the simplified acquisition threshold: Pursuant to Section 828 of Pub.L 112-239,"National Defense Authorization Act for Fiscal Year 2013"and permanently extended through the enactment of Pub. L 114-261 (December 14, 2016), this award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower right and remedies established at 41 U.S.C. § 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees,in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C. §4712. This clause shall be inserted in all subawards and in contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this clause in any subawards and contracts awarded prior to the effective date of this provision. 36 Department of DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Economic Opportunity Attachment G — Civil Rights Requirements MAR 1 5 2019 - - - --------- -------------� Bureau of Sma'.; Civil Rights Regulations and Rural Ccmmul;.,,; As a condition for the receipt of CDBG 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 C.F.R. § 570.487(b)-Affirmatively Furthering Fair Housing; 5. 24 C.F.R. § 570.490(b)-Unit of general local government's record; 6. 24 C.F.R. § 570.606(b)-Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 - Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering 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 C.F.R. part 8, which prohibits discrimination against people with disabilities; 11. Executive Order 11063-Equal Opportunity in Housing; 12. Executive Order 11246-Equal Employment Opportunity;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 the provisions and Federal regulations listed in this attachment. By: � 4 Date: j I I Q( '( ) off, oho i Name: Gail L.Ash Title: Mayor 37 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment H — Reports The following reports must be completed and submitted to DEO in the time frame indicated. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement. 1. A Quarterly Progress Report,Form SC-65,must be submitted to DEO 15 calendar days after the end of each quarter. The reports are due by the following dates: April 15,July 15,October 15 and January 15.The quarterly report shall include: a summary of work performed during the reporting period; photographs taken to date; a percent of work completed for each task;a summary of expenditures since the effective date;and a summary of any issues or events occurring which affect the ability of the Recipient to meet the terms of this Agreement. 2. A Contract and Subcontract Activity form, Form HUD-2516, currently available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05360; which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system at https://deosera.my.salesforce.com/. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate"no activity". 3. The Administrative Closeout Report,Form SC-62,must be submitted to DEO within 45 calendar days of the Agreement end date or within 45 days of the completion of all activities. The Recipient must provide all applicable information requested on the closeout report form. The Administrative Closeout Report cannot be submitted to DEO before the Recipient has submitted its Final Request for Funds. Recipients of an Economic Development agreement shall not submit an administrative closeout package until the cost per job is less than $10,000 or until one year after the date that all CDBG-funded activities were completed,whichever comes first. The following documentation shall be provided with the Administrative Closeout Report: a. Certification that all construction has been completed, inspected and approved by all parties prior to the subgrant end date and submission of the closeout report; b. Documentation of any leverage expended after the last on-site monitoring visit; c. Documentation of fair housing activities conducted after the last on-site monitoring visit; d. Documentation that all citizen complaints related to the project have been resolved; e. A list of the homes receiving direct benefit,if applicable;and, f. Certification that each housing unit assisted was located within the Recipient's jurisdictional boundaries for Housing Rehabilitation subgrants. g. For housing rehabilitation projects,documentation that all homeowners have signed forms stating that they have accepted the improvements. h. Copies of all remaining pre-construction, construction and post-construction photographs of all CDBG- funded activities submitted asJPe or .tiff files not previously submitted with quarterly reports. 4. In accordance with 2 C.F.R. part 200, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200, and submitted to DEO no later than nine months from the end of the Recipient's fiscal year. If the Recipient did not meet the audit threshold, an Audit Certification Memo, Form SC-47, must be provided to DEO no later than nine months from the end of the Recipient's fiscal year. 38 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment H — Reports 5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to auditadeo.myflorida.com within 60 calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report,form HUD-60002,must be completed and submitted through DEO's SERA reporting system 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. 7. Requests for Funds payment requests must be submitted in accordance with the timelines included on Attachment C-Activity Work Plan. DEO will not reimburse a payment request for less than$5,000 unless it is the final payment request. Each payment request must include an invoice from the Recipient to DEO and copies of all invoices that the Recipient received from its consultants for services rendered and the documentation listed below. The invoices must document that the Recipient and each consultant/contractor met the Minimum Level of Service listed on the Deliverables page of Attachment A. For each Commercial Revitalization, Economic Development and Neighborhood Revitalization payment request 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 DEO,signed by the contractor and inspection engineer,and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. The Recipient shall, at a minimum, submit reimbursement requests upon completing 20, 40, 60, 80 and 100 percent of the project (or 25, 50, 75 and 100 percent of the project if so listed on Attachment C—Activity Work Plan). For each Housing Rehabilitation payment request that includes construction costs,the Recipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703,or a comparable form approved by DEO,if applicable. For homes being rehabilitated and site-built demolition/replacement houses,the Recipient shall, at a minimum, request reimbursement upon completion of each 20 percent of the work. For demo/replacement involving a new mobile home, the Recipient shall request reimbursement as soon as the mobile home is installed and the invoice received. If the Recipient needs to remit funds to DEO,including reimbursement of subgrant funds,program income or interest income paid with CDBG funds (collectively "reimbursements"), Recipient shall submit such reimbursements concurrently with a copy of the Return of Funds Form,SC-68. 8. All forms referenced herein are available online at www.FloridaJobs.org/CDBGRecipientInfo or upon request from the DEO grant manager for this Agreement. Financial Consequences: The Recipient's failure to submit any report or required supporting documentation as specified under"Reports"by its due date will result in the assessment by DEO of a financial consequence in the amount of$200 after the specified due date and $200 per month beyond the due date for each deliverable until it is received. DEO shall deduct the amount of the assessed financial consequence from the disbursement amount due to the Recipient. If the Recipient has only one (1)instance of failure to timely submit a report or required supporting documentation, DEO, in its sole discretion, may waive assessment of the financial consequence if the submittal is made within 15 business days of the due date. 39 DocuSign Envelope ID.915D1200-CB4F-4861-BA66-B9D062CC483C Attachment I —Warranties and Representations Financial Management The Recipient's financial management system must comply with the provisions of 2 C.F.R. part 200, section 218.33, F.S., and the rules promulgated thereunder. Recipient's financial management system shall 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. The Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each payment request. 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 2 C.F.R.part 200 and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 C.F.R.§§200.318-200.326 and be conducted in a manner providing full and open 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 objective contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, 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. All bids or offers may be rejected if there is a sound,documented reason. 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 a Federal award if he or she has a real or apparent conflict of interest. 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 or a tangible personal benefit from a firm considered for a contract. 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 must provide for disciplinary actions to be applied for violations of the standards by officers,employees,or agents of the Recipient. (See 2 C.F.R.§200.318(c)(1).) 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 licenses and permits required for all the particular work for which they are hired by the Recipient. 40 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment J —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 2 C.F.R. 200 Subpart F (Audit Requirements) 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 2 C.F.R.part 200,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 2 C.F.R.part 200,as revised. 1. In the event that the Recipient expends $750,000 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 2 CFR 200 Subpart F(Audit Requirements),as revised. 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 established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), 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 2 C.F.R.200 Subpart F(Audit Requirements), as revised. 3. If the Recipient expends less than $750,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F(Audit Requirements),as revised,is not required. In the event that the Recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R.200 Subpart F(Audit Requirements), 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 Recipient resources obtained from other than federal entities). 4. Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) organizations, the pass-through entity has an obligation to ensure that for-profit subrecipients that expend $750,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. 200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of individual federal grantor agencies. Additional Federal Single Audit Act resources can be found at: haps://harvester.census.gov/facweb/Resources.aspx 41 DocuSign Envelope ID:91501200-CB4F-4861-BA66-B9D062CC483C Attachment J —Audit Requirements PART II: STATE FUNDED This part is applicable if the Recipient is a non-state entity as defined by section 215.97(2),F.S. 1. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such Recipient,the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable 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. 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),F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., 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 $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97,F.S.,is not required. In the event that the Recipient expends less than$750,000 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). Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/ PART III: OTHER AUDIT REQUIREMENTS (NOTE:This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e.,the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to section 215.97(8),F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97,F.S. In such an event,the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 C.F.R.200 Subpart F(Audit Requirements),as revised,and required by PART I of this Exhibit Agreement shall be submitted by or on behalf of the Recipient directly to each of the following at the address indicated: A. Department of Economic Opportunity Financial Monitoring and Accountability(FMA) The copy submitted to the FMA section should be sent via email to: 'MA-R\XB(a.deo.myforida.com B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, electronically at:https://harvester.census.gov/facweb/ 42 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-89D062CC483C Attachment J —Audit Requirements 2. Copies of audit reports for audits conducted in accordance with 2 C.F.R.200 Subpart F(Audit Requirements),as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Recipient received the audit report); copies of the reporting package described in Section .512(c), 2 C.F.R. 200 Subpart F (Audit Requirements),as revised,and any management letters issued by the auditor;copies of reports required by Part II of this Exhibit must be sent to DEO at the addresses listed in paragraph three(3)below. 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 the following address: Electronic copies: Auditndeo.myflorida.com 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 localgovt( aud.statc.fl.us 4. Any reports, management letter, or other information required to be submitted to DEO pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R.200 Subpart F,215.97 F.S.,and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 5. Recipients and subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with Chapter 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient/subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 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, the Chief Financial Officer (CFO), or Auditor General access to such records upon request. In addition,if any litigation,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. 43 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Exhibit 1 to Attachment J — Funding Sources Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S.Department of Housing and Urban Development Federal Funds Obligated to Recipient: $750,000 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 Project Description: Funding is being provided for needed infrastructure improvements to benefit low- and moderate-income This is not a research and development award. persons residing in the Recipient's jurisdiction. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Recipient shall perform its obligations in accordance with sections 290.0401- 290.048,F.S. 2. The Recipient shall perform its obligations in accordance with 24 C.F.R. §§570.480—570.497. 3. The Recipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Recipient shall perform the obligations in accordance with chapter 73C-23,F.A.C. 5. The Recipient shall be governed by all applicable laws, rules and regulations,including, but not necessarily limited to,those identified in Attachment F—State and Federal Statutes,Regulations,and Policies 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,Florida Statutes:N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 C.F.R.§200.331 and section 215.97(5),F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Recipient. 44 DocuSign Envelope ID:915D1200-CB4F-4861-BA66-B9D062CC483C Attachment K — 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 zudit@deo.myflorida.conl. Recipient: City of Clermont FEIN: 59-6000290 Recipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 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)? ❑Yes ❑ No If the above answer is yes,answer the following before proceeding to item 2. Did the Recipient expend $750,000 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 DEO? ❑ Yes 0 No If the above answer is yes,also answer the following before proceeding to execution of this certification: Did the Recipient expend $750,000 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 2 C.F.R.part 200, subpart F, 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 45 DEO Ron DeSantis Ken Lawson GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT,' ECONOMIC OPPORTUNITY ECEOVE April 1,2019 ra 4 .8 I i ct Certified Mail—Return Receipt Requested The Honorable Gail L. Ash Mayor, City of Clermont 685 W. Montrose Street Clermont,Florida 34712 Re: Transmittal of Executed FFY 2017 Subgrant Agreement Small Cities Community Development Block Grant(CDBG) Program Contract Number: 19DB-ON-06-45-02-N17 Dear Mayor Ash: We are pleased to return the City's executed Small Cities 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 2017 Subgrant Agreement includes many changes from previous years,including the new Attachment A—Project Deliverables and the Notice of Subgrant Award/Funding Availability (NFA). Please make sure that everyone working on the project has reviewed the entire Subgrant Agreement and accompanying NFA. The changes to the Agreement were discussed at the FFY 2017 Implementation Workshop on February 26-27,2019. • 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 DEO. • The City's contract contains performance-related conditions (Attachment D) that must be met before funds for construction may be drawn. Program Condition 1 lists activities that must be completed within 120 days of the award date and others that must be completed within 180 days. Program Condition 1 also includes a deadline for Recipients that claimed"Readiness to Proceed" points on their applications to advertise for construction contractors. • Program Condition 9 requires Recipients to submit their infrastructure project procurement documents to DEO for desk monitoring and approval prior to awarding the construction contract. Program Condition 9 also requires Recipients of Housing Rehabilitation subgrants to submit certain contractor and subcontractor forms to DEO. Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 850.245.7105 I www.floridajobs.org www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. The Honorable,Gail L.Ash,Mayor April 1,2019 Page 2 of 2 • Program Condition 10 and the NFA require Recipients to provide documentation with all Requests for Funds,including an invoice from the Recipient to DEO for the funds being requested. Training on the new reimbursement requirements was included in the Implementation Workshop. • The Subgrant Agreement also contains important information on reports and forms that must be submitted-periodically(see Attachment G—Reports). All Requests for Funds, Minority/Women Business Enterprise (M/WBE)reports and Section 3 reports must be submitted through eCDBG. • The eCDBG grant management system has been replaced by the DEO SERA system. If your community has not already done so,a SERA Authorization form must be completed for those employees that will submit reports and request for funds for this agreement. A maximum of two user IDs and passwords will be assigned to these employees authorized by the new SERA Authorization Form to access the City's grants on the SERA system. Should you need assistance with the SERA authorization,please contact Shaurita Jackson who can be reached at the contact information below. • A completed copy of Attachment J—Audit Compliance Certification must be submitted to DEO by November 29 annually. The Quarterly Status Report(Form SC-65),Audit Certification Memo(Form SC-47)and Administrative Closeout Report(Form SC-62)are located on the Small Cities CDBG web page(www.Floridajobs.org/CDBGRecipientInfo). • DEO 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,please contact Ginger Waters,Government Operations Consultant II,at(850) 717-8410 or at Ginger.Waters@deo.myflorida.com. Sincerely, i ,i frit 7 Sherri Martin,Bureau Chief Bureau of Small Cities and Rural Communities SM/gw Enclosures cc: James Maiworm,Environmental Services Assistant Director Fred Fox,Fred Fox Enterprises,Inc.