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1991-19 , \ f 8 8 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS q /- 0/ 'I 2 740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 3 2 399 LAWTON CHILES Governor July 19, 1991 WILLIAM E. SADOWSKI Secretary R/'-'C '--q - '::'.!!f.D JUt ~ Ii ., The Honorable Robert A. Pool Mayor, City of Clermont Post Office Box 219 Clermont, Florida 32711-0219 Re: Community Development Block Grant Agreement Contract Number 91DB-99-06-45-02-H09 Dear Mayor Pool: We are pleased to return your fully executed Community Development Block Grant (CDBG) Award Agreement with the Department of Community Affairs. Please retain this agreement in your official CDBG program files and make it available for public review. Pursuant to the agreement, no project costs may be incurred or obligated beyond an initial administrative cost of $5,000, until such time as the Environmental Review Process has been completed and the Department has approved the Removal of Environmental Conditions and Release of Funds. You may proceed to incur and obligate administrative costs not to exceed $5,000, pursuant to the agreement, to cover the environmental review and other startup costs. You will find enclosed a copy of the comments received from the Florida state Clearinghouse regarding your application, which should be considered in preparing your environmental assessment. You will also find enclosed a copy of the Department's technical memorandum on Procurement of Professional Services in the Administration of the CDBG Program, dated February 27, 1990. Please read this carefully so as to avoid any problems in contracting for professional services. This will be monitored by the Department in the future, and should there be any violation detected, it could result in a finding of questioned costs under your grant. EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT 1, " f 8 8 The Honorable Robert A. Pool Page Two Finally, you should note that your first Quarterly Report will be due for the period ending September 30, 1991. That report must be received by the Department no later than October 20, 1991. We look forward to working with you in the successful completion of your grant activities. Our staff is available to provide technical assistance, as required, throughout the contract period. Should you desire such assistance, or have any questions, please contact Mr. Thomas Pierce, Housing Assistance Administrator, at (904) 487-3644 or 922-5434. Sincerely, X~~~ Lewis O. Burnside, Jr. Director, Division of Housing and Community Development LOB/tpm Enclosures cc: Fred Fox Enterprises .1 '~ I 8 8 /----7 A ¡' /~!;/-D/-d-1.- //Y1--/- ---"'" - ------1' /l C --~'~;/-- / ~/~I ~ ~ CITY OF CLERMONT June 19, 1991 Thomas pierce Housing Assistance Administrator Department of Community Affaírs 2740 Centerview Drive Tallahassee, FL 32399-2100 " Dear Mr. Pierce: Office of the City Manager IT):~"; .:.ë,,- ::'.'.~.m ~f\-j,.:,'_' <..." !' '... < I." [;UN 20 199\ CO\3ß - Hou~in~ ... .. -,' Enclosed are the award agreements and required attachments for the City of Clermont Community Development Block Grant. . Sincerely, Thank you for your assistance with this project. CITY OF CLERMONT u AY E SAUNDERS Cl Manager WS/jmb Enclosures POBOX 120219 . CLERMONT, FLORIDA 34712-0219 . PHONE 904/394-4081 I' I . 1~ , ,9lDB-99-06-45-02-HO9 ~~çJr;;[,p),;';:".:r,"";,.r':"h WIi¡?~_!~I):-:~.;t ;';{ !:~'¡',1! ~ fI~¡þJ \.d ""J~ '&i ~d .V~! ~ j ;¡ w ~-'Z~ GRANT 'JUN 20 .1991 8 8 COMMUNITY DEVELOPMENT BLOCK SMALL CITIES AWARD AGREEMENT CDBG - Hoyslng THIS AGREEMENT is entered into by and betwetm -the--&E-a.tc g.t --'......,., <~ Florida Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the Department), and Clermont, (hereinafter referred to as the Recipient). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: The Department, in the furtherance of its duties under Public Law 93-383, as amended and s. 290.0401 - 290.049, Fla. Stat. as anended, has determined that the Recipient has applied and qualifies for a grant under the Florida Small cities community Development Block Grant (CDBG) Program. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: ( 1) SCOPE OF WORK. The Recipient shall perform the obligations in accordance with the application, incorporated herein by reference, and Attachment A - Program Budget and Scope of Work, of this Agreement. ( 2 ) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES. (a) Both the Recipient and the Department shall be governed by applicable laws, rules and regulations, including but not limited to: s.290.0401 - 290.049, Fla. Stat. as amended; ,'I , .~ r 8 8 Public Law 93-383, as amended; 24 C.F.R. Part 570; Fla. Admin. Code Chapter 9B-4~; and OMB Circulars, and 24 C.F.R. Part 85. (b) The Recipient shall conduct its program as outlined in the application for funding under ~he Small Cities CDBG program ("the Application"), the Activity Work Plans as approved, in conformance with Attachments A, B, C, and D, and the Standard Conditions of this Agreement, all of which are attached hereto and hereby incorporated by reference. ( 3 ) PERIOD OF AGREEMENT. This Agreement shall begin on the last date signed, and shall end twenty-four (24) months after signature, unless terminated earlier in accordance with the provisions of Clause (14) of this Agreement. ( 4 ) FUNDING. (a) The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $575,000 for the Department's share, subject to the availability of federal Small Cities CDBG Program funds to support this amount. (b) Payments under this Agreement are subject to 24 C.F.R. Section 85.21; U.S. Treasury Circular l075; and Chapter 215, Fla. Stat. as amended. The Recipient shall maintain and operate a financial management system which is in compliance with standards for fund control and accountability prescribed in U~ S. Treasury Circular 1075; OMB Circular A-87, "Cost Principles Applicable to Grants and Contracts with State and Local .' , j t 8 8 Governments"; and 24 C.F.R. Section 85.20. (c) The Recipient must establish accounting procedures and agrees to ensure that, generally, no more than five days will elapse between its receipt and its disbursement of funds from the Department, except that the Recipient may maintain cash-on-hand in amounts of $5,000 or less for more than fi~e days to meet daily cash needs. Escrow accounts are not subject to this requirement. (d) Each request for funds shall be for an a~ount of not less than $5,000 unless it is the final request for funds and shall be on a form approved by the Department and shall be certified by an agent of-the Recipient whQ has been identified as having signatory power on the signature form received by the Department. The Recipient shall immediately notify the Department in writing of any change in agents. ( 5 ) PROGRA}! AMENDMENTS. This Agreement shall be modified according to the procedures outlined in Fla. Admin. Code Rule 9B-43.014(6), as applicable, and subject to the provisions contained in the standard Conditions. (a) The Recipient will be allowed to amend its Agreement budget amount by submitting Form 69 to the Department. The budget modification will be granted if the Chief Elected Official certifies there are no changes in the Recipient's contracted accomplishments or beneficiaries, and the total general administration budget allocation does not exceed the allowable -h IJ , 8 8 percentage according to Fla. Admin. Code Rule 9B-43.006(4). (b) Prior written Departmental approval of amendments shall be obtained as specified in (d) below when the Recipien~ proposes to add or delete any activity or activities, change the scope, objectives, time frames or scale of the program, or individual projects or impact on beneficiaries of previously approved activities. (c) All amendDents requiring prior written Department approval shall be reviewed by the citizen advisory task force re~uired in s. 290.046(6), Fla. Stat. as amended, shall involve at least one public hearing to 'consider comments and views expressed by citizens on the proposed amendment prior to sub~itting the amendment to the Department for approval; and shall have the approval of the local governing body. Amendments which are only to extend the termination date of the contract or extend the time for submission of evidentiary materials to satisfy any contract conditions do not require that a public hearing be held or that it be reviewed by a citizen advisory task force. (d) All requests for Agreement amendments requiring prior written approval of the Department under 5. (b) above shall include the following written documentation as criteria to be considered: 1. A request for amendment shall outline all changes in budgetary amounts, beneficiaries, or scope of accomplishments. 2. Detailed narrative description of the proposed changes and their effect upon the approved project demonstrating that the .', . ~ J , 8 8 change in scope of work is economically feasible relative to the number of beneficiaries and the funds expended; 3 . Revised work-plan for each activity affected by the amendment; 4. Revised budget summary showing the current approved budget and the revised budget for each activity; 5. If any change in location, legible map which indicates the proposed changes; 6. Copy of the public hearing notice ~hich shall evidence compliance with Fla. Admin. Code. Rule 9B-43.003(39); 7. . Copy of the minutes of the meeting of the citizens advisory task force at which the proposed amendment was reviewed; and 8. Signature of approval by the chief elected official or resolution from the local governing body authorizing the proposed amendment. (e) Any proposed amendments that shall reduce the scope of work or intended beneficiaries by 20 percent or more from the original Agreement shall not be approved by the Department unless the Recipient can demonstrate to the satisfaction of the DepartMent that the need for the proposed reduction occurred due to circumstances beyond the control of the Recipient. The reduction shall be measured. based on a weighted average of the line items proposed for reduction. Local governments which cannot meet the program objectives without such an amendment shall have the Agreement terminated for cause. All other amendments shall be reviewed as specified in Cd) above. (, II. 8 8 (f) Recipients shall be limited to four amendments that the Recipient initiates over the term of this Agreement. ( g) All amendments requesting an extension of the termination date of the Agreement shall be received by the Department at least 45 days prior to the termination date. ( 6) PROCUREMENT STANDARDS. The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Fla. Admin. Code Rule 9B- 43.014(1); and relevant state and local laws applicable to the procurement of supplies, equipment, construction, and services. ( 7 ) PROPERTY MANAGEMENT STANDARDS. The Recipient shall comply with uniform standards governing the utilization of property prescribed in 24 C.F.R. Part 85. ( 8 ) AUDIT. (a) The Recipient shall provide to the Department three copies of annual audits conducted in compliance with the Single Audit Act of 1984, P.L. 98-502. These audits shall be performed in accordance with OMB Circular A-128, and the contract number for this grant award shall be identified within the audit submitted. I, I ", 8 8 (b) An audit which covers any portion of the effective dates of this award Agreement must be submitted within thirty days after its completion, but no later than seven months after the audit period. (c) The Recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a certified public accountant or a licensed public accountant. (d) If an Agreement is closed out without an audit, the Department reserves the right to disallow and recover any disallowed costs identified in an audit completed after such close-out. (e) If the Recipient has not submitted an audit report in accordance with OMB Circular A-128 within the time frame specified in paragraph 8(b) of this Agreement, a 15-point score reduction will be assessed against any subsequent application received for each failure to timely submit a required audit report. If the Recipient has not taken action to resolve an audit finding within the prescribed time frame or by an application date, whichever is later, a I5-point score reduction will be assessed against any subsequent application received for each outstanding audit finding. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. t, , 'J, 8 8 (g) RECORDKEEPING, (a) The Recipient, its employees and agents, shall maintain records and supporting documents as prescribed in 24 C,F.R. section 570.506, "Records to be maintained"; 24 C.F.R. Section 570.508, "Public access to program records"; and 24 C.F.R. Part 85. (b) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of submission of the final close out report, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the ~hree year period, the records will be maintained 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 $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to each displaced person or business shall be retained for three years after final close-out and resolution of all claims and litigation. 4. Records relating to real property acquisition shall be retained for three years after final action or until the period for retention of relevant displacement records has expired, whichever is longer. ( , . , , . . 8 8 (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the CDBG Small Cities Program and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all contractors or consultants to be paid from grant funds, shall allow access to its records at reasonable times to the Department, its employees, and agents, and to the U. S. Department of Housing and Urban Development (WJD), its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained \ by the Department or BUD. (10) REPORTS. (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report, on for~s provided by the Department. If program income is produced, a semi-annual program income report shall be provided. (b) Quarterly reports are due to be received by the Department no later that twenty days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative closeout report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. Failure to have accurate and complete reports received by the Department on ,', . fo. 8 8 the date due shall result in the loss of points in future grant applications and in the suspension of funding pending receipt of such report or reports as provided in Fla. Admin. Code Rule 9B- 43.014(8). Information provided in these reports shall be compared to the Recipient's Activity Work Plan submitted in accordance with Attachment B of this Agreement and incorporated by reference. (c) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreemen~. (d) If the Recipient has not submitted a closeout package as provided in Fla. Admin. Code Rule 9B-43.006(7) (c), a 15-point score reduction will be assessed for failure to submit the required closeout package against any subsequent application received. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (11) MONITORING, EVALUATION, AND TECHNICAL ASSISTANCE. (a) The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules " . . 8 8 are being met, projected work units are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each program, function, . or activity set forth in the Application, Attachment A to this Agreement, and the Recipient's Activity Work Plan. (b) The Department shall review the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as desc~ibed in the approved Application and this Agreement in accordance and compliance ~ith the requirements of s. 290.041-290.049, Fla. Stat., as amended, Fla. Admin. Code Rule 9B-43, and other applicable state and federal laws and regulations. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written request by the Recipient and/or upon a deterffiination by the Department of Recipient need. (c) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, subrecipients and subcontractors during such activities. ( d) If the Recipient has not resolved any monitoring findings within the prescribed time frame or by application deadline date, whichever is later, has not submitted a monitoring report response from current or prior CDBG-funded programs or has an unresolved monitoring finding at closeout, a I5-point score reduction will be assessed for each report not submitted and for each unresolved monitoring finding. If the Recipient fails to meet the contracted-for number of jobs without an amendment in I, . I,. 8 8 the most recently closed-out Economic Development grant, a 15- point point score reduction will be assessed. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. (12 ) DELEGA?ES, SUBRECIPIENTS, AND CONTRACTORS. (a) The Recipient may delegate to any ether unit or department of the local government the responsibility to undertake or carry out specific grant activities. (b) The Recipient may, by written agreement, designate one or more autonomous public agencies, including existing agencies and other local governments, to undertake or carry out grant activities for the city or county. All autonomous public bodies so designated shall be considered subrecipients. Such written agreements shall be executed in accordance with 24 C.F.R. Section 570.503. Subrecipients undertaking or carrying out community development activities shall do so in conformance with Fla. Admin. Code Rule 9B-43.014 and all applicable state and federal laws, rules and regulations. (c) Delegations, designations and contractual arrangements as authorized under this section shall in no way relieve the Recipient of its responsibilities to ensure that the CDBG Small Cities Program is administered in accordance with all state and federal requirements. 1- ", 8 8 (13) LIABILITY. The Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this'Agreement and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. ( 14 ) SUSPENSION OR TERMINATION. (a) The Department reserves the right to suspend payments to a Recipient when the reports required in section (9) of this Agreement are delinquent. (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat. as amended. ( c) Suspension or termination is an appealable action under Chapter 120, Fla. Stat, as amended. Notification of suspension or termination shall include notice of appeal rights and time frames. (d) The Department reserves the right to exercise corrective remedial actions including, but not limited to, requesting additional information from the Recipient to determine the reasons for, or extent of non-compliance or lack of , ". , . '. 8 8 performance; issuing a written warning advising that the Agreement may be suspended or terminated if the situation is not remedied; advising the Recip~ent to suspend, discontinue or not incur costs for activities in question; or requiring the Recip~ent to reimburse the Department for the amount of costs incurred for any items determined ineligible or misused. (e) The Recipient shall return grant funds to the DepartMent if found in noncoMpliance with laws, rules, regula~ions governing the use of CDBG funds pr this Agreement. (f) If at any time after the effective date of this Agreement, the Department determines that an activity to be funded is not eligible pursuant to 24 C.F.R. Part 570 or any subsequent federal regulation which supersedes it, the DepartMent may unilaterally amend this Agreement to delete the ineligible activity and deobligate any unencumbered funds attributable to the ineligible activity. (15) ASSURANCES. The Recipient shall comply with the Statement of Assurances incorporated as Attachment C to this Agreement. (16) PROGRA11 INCOME. (a) Program income is defined in 24 C.F.R. Section 570.500(a) . Program income collected by the Recipient which meets anyone of those definitions must be used in accordance with the provisions set forth in 24 C.F.R. section 570.208 and 24 C.F.R. section 570.494(b) I as well as satisfying the eligibility requirements described in section 105(a) of Title I of the Housing and Community Development Act of 1974, as amended. Any '" , '" , 8 8 program income collected by the Recipient must be used for Title I eligible activities in accordance with all Title I requirements, and the Recipient must submit, for the Department's approval, the activities that will be undertaken with that program income. (b) In accordance with 24 C.F.R. Sections 570.504 (a) and 570.504(b) 1 and 2, all program income must be used by the Reclpient prior to requesting funds from this grant award. However, progra~ income received after closeout of the grant which resulted in the program income being generated is not subject to the requirements of paragraph 16 (a) of this Agree~e~t unless, at the time of ~loseout, the Recipient has received another CDBG award. (c) The Recipient must report any program income from this grant or from another CDBG grant that is received or disbursed during the term of this grant in Section II of the Quarterly Status Report and on the semi-annual Program Income Report, if that program income is received prior to administrative closeout. (d) After administrative closeout of the grant, the Recipient ~ust continue to report the expenditure of the progra~ incoDe on the semi-annual Program Income Report until the prograD income received prior to closeout has been expended on eligible activities. Program income received after administrative closeout should not be included on the semi-annual Program Income Report unless the Recipient has received another CDBG grant prior to administrative closeout of the grant evidence by this I., .. .. e. 8 Agreement. ( 17) SPECIAL CONDITIONS. (a) The Recipient shall comply with the special condltions set forth in Attachment B, attached hereto and incorporated by this reference. (b) Failure of the Recipient to comply with the special conditions under this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. (18) OTHER PROVISIONS (a) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security agreement, or other obligation specified in the Participating Party Agreement, the Department may, with thirty days (30) written notice to the Recipient, automatically substitute itself for the Recipient in said Participating Party Agreement for the purpose of enforcing said Participating Party Agreement and may, at its discretion, continue to administer said Participating Party Agreement and assume control of any program income earned thereafter. (b) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and ~aterials submitted or provided by the Recipient, or a Participating Party, in the Application, in any subsequent submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or , ~ , , . ' .. , 8 8 any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient and the Participating Party, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient or a Participating Party hereunder. (c) This Agreement shall be construed under the laws of the State of Florida, and performance is agreed to be in the jurisdiction of the Recipient. If any provision hereof is in conflict ~ith any applicable statute or rule, or is other~ise une~forceable, then such provision shall be dee~ed null and void to the extent of such conflict or unenforceability and shall be deemed severable but shall not invalidate any other provision of this Agreement. (d) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient or any Partlcipating Party hereunder shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the sa~e righ~ or remedy by the Department for any further or subsequent default by the Recipient or any Participating Party hereunder. Anyright of approval granted by the Recipient to the Departme~t under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. THIS AGREEMENT, its attachments, the standard conditions, and the Application as amended embody the entire Agreement of the parties. :'. . , '. 8 8 this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed RECIPIENT City of Clermont BY:~ ¿J~~ Robert A. Pool !'layor Date 4~ 19, /&].,./ ewis o. Burnside, Jr. Director, Division of Housing and Community Development Date ~ /'2f,/7f , ( S1- , ~CJo -2 90 RECIPIENT FEDERAL IDENTIFICATION NUMBER ATTESTED BY: ~~¿ I , " , .. 8 8 1}V:' '4.;1 AId ~ - .~~ JUM 20 r~8 ATTACHMENT A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CDBG 0 Housing SMALL CITIES CDBG PROGRAM PROGRAM BUDGET AND SCOPE OF WORK +-----------------------------------------------------------+------------------------------------------------------------+ RECIPIENT: City of Clermont I CONTRACT NUMBER: +--------------------------------------------+-----------+--+-------------+------------------------+----------+----------+ I NUMBER 1 DESCRIPTION CDBG (ACCOMPLISHMENTS 1 BENEFICIARIES I OTHER BUDGET 1-------+--------+-----------+------------+ AMOUNT I UNIT NUMBER 1 LMI TOTAL I FUNDS I PROGRAM 1 1 1 I INCOME I ACTIVITY +--------+-----------------------------------+ +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ I I 1 039-A I I I Temporary Relocation I I I 1$ 26,350.001 Family I I I 31 71 71 +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ 1 I 051 I Bousing Rehabilitation I 1 I 1$462,400.00IBousingl I I I 31 71 71 +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ I 1 181 1 Administration I I I 1$ 86,250.001 N/A I N/A I I I N/A N/A +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ . .. . ,..- -' +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ +--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+ TOTAL CDBG FUNDS AWARDED $ 575.000.00 TOTAL OTHER FUNDS $ TOTAL PROGRAM INCOME $ TOTAL PROJECT COST $ 575.000.00 .. . '. 8 8 +---------------------------------------------------------+--------------------------------------------------------------+ A'l'I'ACHMENT 8 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM MILESTONES, OUTPUTS AND EXPENDITURE ESTIMATES RECIPIENT: City ot Clermont CONTRACT NUMBER: +---------------------------------------------------------+------------------------------------+-------------------------+ ACTIVITY TITLE: Housing Rehabilitation IACTIVITY NUMBER: 051 ¡ACTIVITY UNIT: Housing I +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ , I 1 1 1 QUARTER 1 I I I 1 START I END I ACCOMPLISHMENTS I DATE 1 DATE BY QUARTER ACTIVITY MILESTONE I ANTICIPATED I OTHER I IACTIVITY COST I FUNDS 1 BY QUARTER BY QUARTER 1 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I 1 Q1 I IEnviroDmsntal Clearance and Release ot Funds 1 I ( 04/91 1 06/911 1 1 0 0 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I I Q2 1 Rehabilitation Program Guidelines Developed I I I I 07/91 I 09/911 1 I I 0 0 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I I Q3 1 (Applications Solicited and Accepted I I ( I 10/91 I 12/911 I 1 1 0 1 I 1 $ 1,000.00 I 1 ( 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I I. Q4 I ¡Inspection of Units Work-Write-up and Cost ¡Approval of Application I I I 01/92 I 03/921 I I I 0 1 I 1 $ 1,000.00 I I I . . - ,- 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I ( Q5 1 Advertise for Bids/Bid Documents Award Contract/contract Closing I 1 1 04/92 1 06/921 I 1 1 4 I 1 $ 57,000.00 1 I 1 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ ( I Q6 I (Rehabilitation Construction I 1 1 I 07/92 I 09/921 I I I 8 1 ( 1 $119,000.00 ( 1 1 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ 1 1 Q7 I Rehabilitation Construction 1 1 I I 10/92 I 12/921 I I I 12 I I I $180,000.00 I I 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I 1 Q8 I Rehabilitation Construction 1 I I 1 01/93 1 03/931 ( 1 I 7 I 1 I $104,400.00 1 I I 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I ( Q9 I (Final Inspection (Closeout I 1 1 I 04/93 1 06/931 I 1 ( 0 0 0 +-------~-------------------------------------------------+-------+------+---------------------+-------------+-----------~ IQ1 a 04/91 - 06/91 Q5 a 04/92 - 06/92 Q9 . 04/93 - 06/93 1 1 I I IQ2 a 07/91 - 09/91 Q6 a 07/92 - 09/92 1 1 ( I IQ3 - 10/91 - 12/91 Q7 a 10/92 - 12/92 I TOTAL 1 31 1 $462,400.00 I 0 IQ4 a 01/92 - 03/92 Q8 a 01/93 - 03/93 I I I I +-----------------------------------------------------------------+------+---------------------+-------------+-----------+ , , '. , .. 8 8 RECIPIENT: +---------------------------------------------------------+--------------------------------------------------------------+ ATTACHMENT B FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM MILESTONES, OUTPUTS AND EXPENDITURE ESTIMATES City of Clermont CONTRACT NUMBER: +---------------------------------------------------------+------------------------------------+-------------------------+ ACTIVITY TITLE: Temporary Relocation ACTIVITY NUMBER: 039-A ACTIVITY UNIT: Families 1 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I 1 I 1 QUARTER I 1 START I END I ACCOMPLISHMENTS 1 DATE I DATE 1 BY QUARTER ACTIVITY MILESTONE ANTICIPATED 1 OTHER 1 I ACTIVITY COST 1 PUNDS I I BY QUARTER 1 BY QUARTER +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I I Q1 I IEnvironmental Clearance and Release of Funds 1 1 1 1 04/91 06/911 I 1 I 0 0 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ Q2 I I I 07/91 09/911 1 I I 0 0 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ 1 I Q3 I IApplications Solicited and Accepted ¡Determination of Eligibility 1 1 1 1 10/91 1 12/911 1 I 0 0 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I I I Q4 - IClaims Processed 1.01/92 1.03/921 ¡Rental Assistance/Moving & Storage Payments Made I I I 0 I I. $ I 1 650.00 I I 0 +-------+-------------------------------~-----------------+~~-----+------+---------------------+-------------+-----------+ Q5 1 I 1 Claims Processed I 04/92 I 06/921 1 Rental Assistance/Moving & Storage Payments Made I I 4 1 I 1 $ 2,550.00 I 1 I 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ I 1 Q6 I I I I IClaims Processed 1 07/92 1 09/921 Rental Assistance/Moving & Storage Payments Made I I 8 I 1 I $ 5,950.00 1 1 1 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ Q7 I 1 I Claims Processed I 10/92 1 12/921 IRental Assistance/Moving & Storage Payments Made 1 1 1 12 I 1 I $ 9,350.00 1 I 1 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ Q6 1 I 1 IClaims Processed 1 01/93 1 03/931 I Rental Assistance/Moving & Storage Payments Made I 1 1 7 I I 1 $ 7,650.00 I I 1 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ Q9 Closeout I 1 1 1 04/93 1 06/931 I I 0 0 0 +-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+ IQ1 a 04/91 - 06/91 Q5 a 04/92 - 06/92 Q9 a 04/93 - 06/93 1 I I Q2 c 07/91 - 09/91 Q6 c 07/92 - 09/92 1 1 1 I IQ3 c 10/91 - 12/91 Q7 a 10/92 - 12/92 1 TOTAL 1 31 I $ 26,350.00 I 0 IQ4 c 01/92 - 03/92 Q8 a 01/93 - 03/93 I I I I +-----------------------------------------------------------------+------+---------------------+-------------+-----------+ , "', . " '. 8 8 t---------------------------------------------------------t--------------------------------------------------------------t ATTACHMENT a FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES C~BG PROGRAM MILESTONES, OUTPUTS AND EXPENDITURE ESTIMATES ICONTRACT NUMBER: 1 RECIPIENT: City of Cle~ont t---------------------------------------------------------t------------------------------------t-------------------------t IACTIVITY TITLE: Administration ¡ACTIVITY NUMBER: 181 IACTIVITY UNIT: t-------t-------------------------------------------------t-------t------t---------------------t--------~~~~~+-----------t 1 I 1 QUARTER 1 I I I START I END I ACCOMPLISHMENTS I DATE 1 DATE I BY QUARTER ACTIVITY MILESTONE 1 ANTICIPATED I OTHER I IACTIVITY COST I FUNDS ( I BY QUARTER 1 BY QUARTER I t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I 1 Ql I IEnvironmental Clearance and Release of Funds ISolicit for Hire Consultant I 1 1 I 04/91 I 06/911 I 1 I N/A 0 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I I Q2 1 Implement Program 1 I I 1 07/91 I 09/911 I I I N/A 0 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I I Q3 I Implement Program I I I I 10/91 1 12/911 I I I N/A I I I $ 3,500.00 I I 1 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I I. Q4 I IImplement ~~ogram I I ( 1 01/92 -1- 03/921 I I I N/A 1 I 1 $ 3,500.00 I I I 0 t-------t------------------------------------------------~t---_:_-t------t---------------~-~---t-------------t-----------t I I Q5 I Implement Program I I 1 I 04/92 1 06/921 I I I N/A I I I $ 7,000.00 I I I 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I I Q6 1 Impleœent Program I I 1 I 07/92 I 09/921 I I I N/A I I I $ 14,000.00 I I I 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I I Q7 I IImplement Program I 1 I 1 10/92 I 12/921 I I N/A I I I $ 28,000.00 I I I 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I 1 Q8 I Solicit Auditor/Award Contract I "I 1 1 01/93 ~ 03/931 I 1 I N/A I I I $ 30,250.00 I I 1 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t I I Q9 IPerform Audit ¡Submit Audit Report & Closeout (Acceptance and Closeout by DCA I 1 I 1 04/93 1 06/931 1 1 I N/A 0 0 t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t IQl a 04/91 - 06/91 IQ2 ~ 07/91 - 09/91 IQ3 a 10/91 - 12/91 IQ4 a 01/92 - 03/92 Q5 = 04/92 - 06/92 Q6 = 07/92 - 09/92 Q7 a 10/92 - 12/92 Q8 = 01/93 - 03/93 I I I I TOTAL I I I Q9 = 04/93 - 06/93 N/A I 1 I 1 ( $ 86,250.00 1 I I 0 t-----------------------------------------------------------------t------t---------------------t-------------t-----------t , 't., . , " '. 8 8 ATTACHMENT a FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM QUARTERLY EXPENDITURE GOALS +------------------------------+------------------------------------------------------------+ RECIPIENT: City of Clermont 1 CONTRACT NUMBER: +-----+-----+-----+--------+---+-----+----------+----------+----------+----------+----------+ I Q1 I Q2 I Q3 I Q4 I Q8 Q9 I TOTAL Q6 Q5 Q7 +-----+-----+-----+--------+---------+----------+----------+----------+----------+-~--------+ Activity Number: 039-A I 1 I I I 1 Activity Name:Temporary Relocl 850.001 2,550.001 5,950.001 9,350.001 7,650.001 I 26,350.001 Expenditures by Quarter I I 1 I 1 I J 1 I +-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+ Activity Number: 051 Activity Name:Housinq Rehabil Expenditures by Quarter 1 1 1 1 1 1 11,00011,000.00157,000.001119,000.001180,000.001104,400.001 1 1 1 I 1 1 I 1 1 1 I I 1 I 1 I 1462,400.001 I 1 I 1 Activity Number: 181 Activity Name: Administration 1 Expenditures by Quarter Activity Number: Activity Name: Expenditures by Quarter Activity Number: Activity Name: Expenditures by Quarter Activity Number: Activity Name: Expenditures by Quarter +-----+~----+-----+----7---+---------+----------+----------+----------+----------+----------+ I 1 1 13,50013,500.001 I 1 I I I I 7,000.001 14,000.001 28,000.001 I 30,250.001 I I I I 86,250.001 I I I I +-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+ -I 1 1 I I - 1 - . 1 I +-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+ +-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+ " 1 I I +-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+ I 1 TOTAL 1 1 1 I 1 I 1 1 1 I 1 I 1 I / 1 14,50015,350.00166,550.001138,950.001217,350.00/142,30O.OO! I I I I 1 I , 1 1 I I 1575,000.001 1 I +-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+ ,,¡, , '..., . , ., . - - 8 8 v~~' ~""'¿) ~IUN 20 .j~~ ATTACHMENT C STATEMENT OF ASSURANCES GDiJJ¡ .. H'Jl!SiilfJ *-" ..us~' The applicant hereby assures and certifies that: (a) ~t possesses legal authority to enter into this agreement, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings ßnd assurances contained therein, and directing and authorizing the applicant's chief executive officer to act in connection with the application and to provide such additional information as may be required. ( c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the . governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for: wprk to be 'performed in connection with the program assisted' under this agreement. Th~ Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review (IC & R) process, and that either: (l) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission ~f the application: or The r~quired procedures have been followed and no comments or recommendations have been received prior to submission of the application. (2) ( e) It has facilitated or will facilitate citizen participation by: (l) providing citizens with an opportunity to participate in the determination of priorities in community development and housing needs; (2) providing adequate notices for one or more public hearings; and , '., . , ,. 8 8 ( 3 ) Holding one or more hearings on the proposed application before adoption of a resolution or similar action by the local governing body authorizing the signing of the application. (f) Its chief executive officer or other officer of applicant approved by the state: (l) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 C.F.R. Part 58, which furthers the. purposes of NEPA, insofar as the provisions of sucn Federal law apply to the community Development Block Grant Program; and (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. ( g) The Community Development program has been developed so as to give maximum feasible p~iority to activities which will benefit low and moderate income families, or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State.from approving an application where the applicant certifies, and the .State d~terrnines, that all or part of the" community development program activities are designed to ~eet other community development needs having a particular urgency as specifically explained in the application.) (h) It will comply with the regulations, policies, guidelines and requirements of 24 C.F.R. Part 85, OMB Circulars Number A-a7, A-llO, A-122 and A-l02, Revised, as they relate to the application, acceptance, and use of Federal funds under this document. (i) It will comply with: (l) Section llO of the Housjng and Community Development Act of 1974, as ~m~nded, 24,C.F.R. Section 570.605, and State regulations regarding the administration and enforcement of labor standards; (2) The provisions of the Davis-Bacon Act (40 U.S.C. 276 a- 5) with respect to prevailing wage rates (except for projects for the rehabilitation of residential properties of fewer than eight units); (3) Contract Work Hours and Safety Standards Act of 1962, 40 - U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less 't. ¡ '. 8 8 than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (j ) It will comply with all requirements imposed by the state concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OMB Circular No. A-l02, Revised and 24 C.F.R. Part 85. ( k) It will comply with: (l) Title VI of the Civil Rights Act of 1964 (Pub.L. 88- 352), and the regulations issued pursuant thereto (24 C.F.R. Part l), which provides that no person in the united states shall on the grounds of race, color, or - national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance.- If any real property or structure thereon'is provided- or improved with the aid o£ Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, orin the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Title VIII of the civil Rights Act of 1968 (Pub. L. 90- 284), as- amended, administering all programs and activities relating to housing and community development in a mannèr to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of- housing, the financing of housing, and the provision of brokerage services; (3) E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the civil Rights Act of l~68; -- - - --- - (4) Section 109 of the Housing and Community Development Act of 1974 (ACT), as amended, and the regulations issued ----'-'- pursuant thereto (24 C.F.R. section 570.601), which -- provides that no person -in the United states shall, on I" , '. 8 8 the grounds of race, col~r, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under the Act; . (5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to otherwise qualified handicapped individuals as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program activity; . . (6) Executive Order ll063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance; and (lY (7) Executive Order ll246 as amended by Executive Orders ll375 and l2086, and the regulations issued pursuant thereto (24 C,F,R. Part l30 and 4l C.F.R. Part 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the 'performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and election for training and apprenticeship. It will comply with Sèction 3 ~f the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-income persons residing within the unit of local government in which the project is located; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or.owned in substantial part by, persons residing within the unit of local government. (m) It will: (l) To the greatest extent practicable under State law, comply with Sections 30l and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will comply with sections 303 and 304 or Title III, and HUD implementing instructions at 49 C.F.R. Part 24; and (2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 49 C.F.R. Part 24 and 24 C.F.R. section 570.602. , ". . ~ ,. . (n) 8 8 It will: (l) Comply with the Uniform Acquisition regulat:i:ohs 570.606; Title II (Uniform Relocation Assistance) of Relocation Assistance and Real Property Policies Act of 1970 and HUD implementing at 49 C.F.R. Part 24 and 24 C.F.R. Section (2) Provide relocation payments and offer relocation assistance as described in section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under the Community Development Block Grant program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings-will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and (4) .Inform affected persons of the relocation assistance, - -- . -- ,- policies and procedures set -forth in the regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.606. (0 ) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to s. 112.313 and s.112.3135, Fla, Stat. and 24 C.F.R. Section 570.611. (p) It will comply with the Anti-kickback (Copeland) Act of 1934, l8 U.S.C. S 874 and 40 U.S.C. S 276a, which outlaws -and prescribes penal ties' for "kickbacks" of wages in federally financed or. ass-isted construction activities. It will comply with the provisions of the Hatch Act, which limits the political activity of employees. (r) It will give the State, HUD and the comptroller General, through any authorized representatives, access to and the right to examine all records. ( q) (s) It will insure that the facilities under its lease or supervision which shall be utilized accomplishment of the program are not listed Environmental Protection Agency's (EPA) list Facilities and that it will notify the state ownership, in the on the of Violating of the receipt . " . '. . ,,. . . 8 8 of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (t) It will comply with the flood insurance purchase requirements' of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 s. 975, approved December 3l, 1973. Section l03(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any ~rea, that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (u) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American-Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A-ll7.l-R 1971, subject to the exceptions contained in 4l C.F.R. section lOl-l9.604. The applicant will be responsible for -conducting inspections to ensure compliance with these specifications by the contractor.- (v) It will, in connection with its performance of environmental assessments under the National Environmental policy Act of 1969, comply with section lO6 of the National Historic Preservation Act of 1966 (l6 U.S.C. 470), Executive Order ll593, and the Preservation of Archaeological and Historical Data Act of 1966 (l6 U.S.C. 469a-l, et seq.) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (w) It will comply with: (l) The National Environmental Policy Act of 1969 (42 V.S.C. s. 4321 et seq.) and 24 C.F.R. Part 58; (2) Executive Order ll988, Floodplain Management; (3) Executive Order ll990, Protection of Wetlands; I '. . '. . .' "" . 8 8 (4) The Endangered Species Act of 1973, as amended (l6 U. S . C. s. l53l et seq.); (5) The Fish and wildlife Coordination Act of 1958, as amended, (l6 U.S.C. s. 66l et seq.); (6) The wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. s. 1271 et seq.); (7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. s. 300f et seq.); . (8) Section 40l(f) of the Lead-Based Paint Poisoning Prevention Act, as amended (42 D.S.C. s. 4831(b) et seq. ) ; - (9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.); (lO) The Federal Water Pollution Control Act of 1972, as amended, (33 U.S.C. s. l25l et seq.); (ll) The Clean Water Act of 1977 (Public Law 95-2l7); (l2) The Solid.Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 D.S.C. s. 690l et seq.)¡ -- (13) Noise Abatement-and Contro~: Departmental Policy Implementation Responsibilities, and Standards, 24 C.F.R. Part 5l, Subpart B; . (l4) Flood Disaster Protection Act of 1973, P.L. 93-234; (l5) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; (l6) Coastal Zone Management Act of 1972, P.L. 92-583; (l7) Executive Order ll593, "Protection and Enhancement of the Cultural Environment"; . (l8) Architectural and Construction Standards; (l9) Architectural Barriers Act of 1968, 42 U.S.C. 4l5l; (20) Executive Order ll296, relating to evaluation of flood hazards; (2l) Executive Order ll288, relating to the prevention, control and abatement of water pollution¡ (22) Cost-Effective Energy Conservation standards, 24 C.F.R. Part 39; and . '. . '. , " i ,. (x) (y) ( Z ) 8 8 (23) section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882. It will comply with all parts of Title I of the Housing and community Development Act of 1974, as amended, which have not been citèd previously as well as with other applicable laws. It will abide by the provisions of s. 116.111, Fla. stat., pertaining to nepotism in its performance under this agreement. The Recipient will include the provisions outlined in .~. 287.055 and 287.058, Fla. Stat., when negotiating contracts for services. (aa) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdication against any individuals engaged in nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable state and federal laws against physically barring entrance or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of Public Law 101-140 of the 1990 HUD Appropriations Act. It will comply with section 319 of Public Law 101-121, as provided in-the "Governmentwide Guidance for New Restri~tions on LC?bbying: 0 Interim Final Guidance" published .0- - in the December 20, 1989 Federal Register, which prohibits recipients of federal contracts or grants from using appropriated funds for lobbying in connection with a grant or contract, and requires that each person who requests or receives a federal contract or grant, and their subrecipients, disclose lobbying undertaken with non-federal funds (See Attachment D). (cc) It will expend a minimum of seventy (70) percent of the aggregate of CDBG funds for activities that meet the provisions of 24 C.F.R. Section 570.208(a) for benefiting low and moderate income persons. - (bb) .. , \. ;' -'."'- . 8 8 Attachment D CERTIFICATION REGARDING LOBBYING Certification for Contract. Grants, Loans and Coooperative llqreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) ( 2 ) (3 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any pers9n '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. 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 undersigned shall complete and submit--S_tandarq Fqrrn-LLL. -- ~'Disclosure Form to Report. Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a ~ prerequisite for making òr entering into this transaction impose~ by section 1352, title 31, U.S. Code. Any persons 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. :~f1¿~ Robert A. Pool, Mayor Type Name and Title .. ',: ..1.- .". .. 8 .j ,:" I .' " ~ :!,; ,;' , " 8 . .' i t)", l~Q~I~ '" . Po>! STANDARD CONDITIONS : . ' , -'. , 1. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. "'/ 2. Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of the contract unless the failure to meet the criteria set forth" in the contract for completion of the contract is due to events beyond the control of the contractor. 3. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 4. All bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. stat. 5. The Department of Community Affairs reserves the right to unilaterally cancel this contract for refusal by the contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119, Fla. stat., and made or received by the contractor in conjunction with the contract. "' '. . .. . 11 .. 8 8 ll~F~~ 9,r~\\1;'l~~1 n >'ì:i:';dH....~h:f, q. "I. ~I~ ~ ('I ~'.d'~"Jj ~3 'ltl~ ~~~ ~.~ TO JUN 20 (!9ft SIGNATURES OF INDIVIDUALS AUTHORIZED SUBMIT PAYMENT REQUESTS CDBG - HousIng *Submit two original copies for each contract Recipient: City of Clermont Contract # 9lDB-99-06-45-02-HO9 Address: P. O. Box 219 Contact Person: Wayne Saunders Clermont, FL 32711-0219 Telephone: (904) 394-4081 Request for funds of Small Cities CDBG Program will be presented to the State and will require [ ] one signature [XX] two signatures of individuals as authorized below (Check one). ~=ure Wayne Saunders Typed Name & Signature ~hf~ Typed Name & Signature Typed Name & Signature A non-interest bearing account has been established at the financial institution listed below for deposit of CDBG funds. Sun Bank Name of Institution 0137-000120332 Account Number P.o. Box 3833, Orlando, FL 32897 Address of Financial Institution I certify, as the recipient's Chief Executive Officer, that the above signatures are of the Individuals authorized to sign requests for funds from the Small Cities Community Development Block Grant. 06-18-91 ~ ¿j ;~~ Robert Pool a or Date Signature . Typed Nam Title ========================;3========================= == -=- DCA USE ONLY: / ') / 1C1./ Date: ~ ~y ff Approve. ( , //, .8 ......:::.: ' rÆét_< "<.J "'..... - ->". ". -' - . .. I. . ~~:-i~-< ~~..'~~. " '"."":'~, ~ ~~¡.. , ~~.""'..' 8 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 ~ 0 (INTIRVIEW DRIVE. TA1.lAHASSEE, flOllDA 32399 80B MARTINEZ ~ THOMAS G. PUHA~ ~f) February 27.1990 Memo No: HCD:CDBG6-90-1 MEMORÞ.NDUM FROM': All Small Cities Community Development Block Grant Eligible Communities, Regional Planning Councils and Other Interested Parties Lewis O. Burnside, Jr~&?rector Division of Housing and co~~unity Development TO: SUBJECT: LOCAL PROCUREMENT OF PROFESSIONAL SERVICES IN THE ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS c, ===~============================================================= I. Introduction and Purpose Many questions have been raised recently concerning CDBG procurement procedures. There appears to be a lack of adequate local procurement practices, and in some instances, use of questionable procedures in selecting professional services for grant preparation and the administration of CDBG programs. This memorandum is an attempt to address this situation and assure that maximum open and free competition is achieved through sound procurement practices. . "This memorandum does not supercede or replace any applicable federal and state laws and regulations. However, this memorandum will provide general guidance regarding the implementation of these laws and regulations. All local government officials, grant administrators, planning councils, consultants and others with designated responsibility for the administration of CDBG . award contracts remain responsible for ensuring compliance,with all applicable federal and state laws and regulations. Such laws and regulations include but are not limited to the following: OMB Circular A-1O2, Attachment 0: 24 CFR Part 85 Section 85.36; EMERGENCY MANAGEMEf\olT . HOUSING AND COMMUNITY DEVROPMENT . IESOURCE "LANNING AND MANAGEMENT 8 8 Memorandum Page Two s. 290.047(5), Florida statutes (1989): s. 287.055, Florida statutes (1989) and the state of Florida CDBG administrative rule, Florida Administrative Code Chapter 9B-43. These documents are distributed during the Applicant Workshop which is at the start of each funding cycle and are available, upon request, from the Department. The purpose of this memorandum is to clarify Procurement Standards for all Small cities CDBG eligible communities and recipie~ts of CDBG program funds. The memorandum sets out methods and applicable requirements that are to be followed when procuring professional services under the Small cities CDBG Program. A further purpose is to define Department policy regarding the procurement of professional services under the Small Cities CDBG Program. All previous Department memos which have been issued on this subject are hereby superseded. II. ~ecipient Responsibilities in the Procurement of Professional Services A. Professional Services ( Potential recipients of CDBG funds must have written procurement policies and procedures adopted and effective prior to the advertisement for proposals to provide professional services to administer FFY 1989 CDBG funds. Such policies should be developed to achieve the economical and efficient administration of the CDBG Program. Professional services are defined as assistance obtained from an independent contractor through a selection and/or negotiation process which ensures maximum full and open competition. Such services should be acquired as sealed proposals consistent with the standards set forth in OMB Circular A-102, Attachment 0 and 24 CFR Part 85, Section 85.36. Because differences in price may only be a minor concern when compared to qualitative considerations, professional services may be exempted from the formal Invitation to Bid process. A formal, advertised request for proposals process must be followed, and written selection procedures must be included in all advertisements for requests for proposals. All necessary and affirmative steps to assure that small, mipority, women's business enterprise and labor surplus area firms are. provided the opportunity to submit proposals should be.. exercised. ----- -- - -- . -,---- , - -' ~-- -- - -8Æ' Memorandum Page Three B. Selection Procedures To avoid violations of federal regulations contained in 24 CFR section 85.36 and OMB Circular A-1O2, Attachment 0, and policy memoranda issued by HUD, recipients should follow these guidelines: - place advertisements for proposals in more than just- a single local newspaper: - do not use familiarity with a particular Target Area or a particular local jurisdiction as a selection factor; - assure that more than one potential bidder can meet all of the selection factors; - be sure of a clear connection between the selection factors and the work to be accomplished; - do not use "past CDBG performance as àetermined by DCA" as a selection factor; l - consider the ability of potential bidders to become familiar with the locality in a short time and familiarity with the CDBG program; - assure that contracts are only awarded to contractors with sufficient capacity to complete the award contract. Sufficient records must be maintained to support the basis for: - the selected method of procurement: - the selection of contract type; - the contractor selection or rejection: - the selected contractor price. C. Determinina pricina Fair and 'reasonable profits should be permitted for professional services under 24 CFR s. 85.36: however, a cost or price analysis must be included in all proposals which supports 8 8 ----- ::_~~~ Memorandum Page Four the reasonableness of the proposed contract price. Under current HUD guidelines, proposals which offer to prepare an application at no fee are acceptable. However, such free service may not be tied to the providing of any other service by that consultant. Previous free services may not be considered by a local government in selecting a contractor for future services. Proposals to prepare an application which offer fee dependent on the awaràing of additional services appear to violate the specific provision for maximum open competition required under 24 CFR s. 85.36, and therefore not alloweà under current HUD guidelines. a variable or contracts free and are D. Multi-Service~ontracts l Under section 290.047(5), Florida Statutes (1989), a local government is permitted to contract with the same entity for more than one service, provided that the local government can document that the entity is either (i) the sole source or (il) was determined, through the Request for Proposals process, to be the proposer most advantageous to the local government. However, HUD Circular Letter 81-69 states that there is a problem when unlike services, such as grant application preparation, administering CDBG Programs, and providing engineering services, and the like are lumped together in a single contract. Such multi-service contracts prevent the local government and DCA from effectively administering the CDBG Program. All contracts for professional services should conform to the following: (8). any Request for Proposals which includes more than one service should provide that: 1. proposals may be submitted for one or more of the services; 2. proposals will be considered on an equal competitive basis; 3. qualifications and proposals should be separately stated for each service; the evaluation of the proposals should be separate for each service. 4. 8 8 -'--- Memorandum Page Five (c) a separate professional services contract must be executed between the local government and the consultant for each particular CDBG program. those types of services having a relatively undefined scope, such as program management or administration, and those services of a more defined scope, such as engineering or architectural design, must be separated from each other into individual contracts; and (b) (d) each services contract must identify by program number and individual project the grant to which it is applicable. E. PrQgram Administration l. In addition, OMB Circular A-102, Attachment 0 establishes that a general conflict exists where a local government awards a multi-service contract to a firm to administer its C~3G program, while at the same time the same firm is to provide a service, such as engineering, where .the administrator mu~t oversee and approve its own work. In such cases, the services of an independent third party should be obtained to provide the necessary oversight and approvals. The local government's recordkeeping and financial management system should be maintained locally so that the local government has control and accountability of all CDBG funds. III. Conclusion The possible lack of competition in the procurement of professional services for the administration of CDBG programs appears to be inconsistent with the procurement standards required by state and federal regulations. The policies set forth in this memorandum should be implemented immediately to ensure conformance upon receipt of CDBG funds beginning with FFY 1989. Thank you for your attention and cooperation in this matter. If you have any questions or require additional information, you may write to Ms. Wanda A. Jones, Planning Manager, Department of Community Affairs, 2740 centerview Drive, Tallahassee, Florida 32399-2100 or you may contact Ms. Jones at (904) 487-3644. -- LOB/wjf --,- - _. 8 8 ~ ' '5 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2"'0 CfNTflVlfW OliVE. TALLAHASSEE, fLOIIDA 32399 80S MARTINEZ ~ October 26,1989 THOMAS G. PELHAM Secreta '} MEMORANDUM TO: Lewis O. Burnside, Jr., Director Division of Housing and Community Development SUBJECT: Barbara Jo Finer~~ Senior Attorney ~ / ~I Procurement of Administrative for CDBG Awards Services Contract FROM: " l. The question has been raised as to whether the present procurement policies and/or practices of the local governments in Florida or the bid proposal procedures of the consultants are violative of any state or federal law or regulation. Specifically, the concern has been raised with respect to three issues: 1) Maya local government include "prior local experience" as one of the factors to be considered in awarding an administrative services contract? 2) Maya consultant put in a proposal to prepare a grant application at no cost to the local government; and may that same consultant also put in a proposal for the administrative services contract for that same local government? 3) Maya consultant put in a proposal to prepare a ,grant application for a local government where the fee 'would be (a) $15,000 if the local government does ~ot award both the administrative services and the engineering contÏãcts to that same consultant; EMÐtGENCY MANAGEMENT . ~D COMMU~ITY O£VELOrMENT . IfSOUIC8NNING AND MANAGEMENT MEMORANDUM October 26,1989 Page Two (b) $10,000 if the local government awards either the administrative services or the engineering contract to that same consultant; and L (c) $-0- if the local government selects that same consultant for both its administrative services and its engineering contracts. While t~ere are no state statutes or regulations which address any of the above issues, the federal OMB Circular A-1O2, Attachment 0 and 24 C.F.R. Section 85.36 both require that all procurement transactions, regardless of the dollar value, shall be conducted in a manner that provides maximum full and open competition consistent with the standards set forth in those regulations. Under the state-administered CDBG program, states- are given maximum latitude in carrying out their programs, including grant management responsibilities. States are given the choice by HUD of either using the actual guidelines and standards contained in OMB Circular A-102 (now also contained in - 24 C.F.R. Section 85.36) or adopting substantially equivalent procedures established by the state. In the case of the Florida CDBG program, we have chosen to adopt fully the provisions of both OMB Circular A-102 and 24 C.F.R. Section 85.36 with respect to grant management procedures. 1) With respect to the first issue concerning the use of "prior local experience" as an evaluation factor in choosing an administrator or engineer, there are no clear proscriptions - against the consideration of such factors in selecting an administrator or an engineer. However, both OMB Circular A-102 and 24 C.F.R. Section 85.36 do provide that the procurement procedures shall not restrict or eliminate competition, and it is a fair reading of "prior local experience" that the only candidate which could satisfy that criterion is the one who has previously or is presently doing CDBG grant administration or engineering for that local government. Thus, to permit the use of this criterion by local governments would serve to perpetuate the status quo to the exclusion of all other competitors for that contract. I believe that limiting the evaluation factor to - "prior experience" satisfies the legitimate needs of the local government for having a qualified administrator or engineer, without unduly restricting competition and thereby running afoul of the governing federal regulations. 2) With respect to the issue of whether a consu¡tant may offer to do application preparation for a local government at no cost, there does not appear to be any violation of federal regulations -- provided that such provision of a free service is 8 8 MEMORANDUM October 26,1989 Fage Three 6.J ~~ 7'-:J< I -. ¡:.- not tied, by either the consultant or the local government, to ~~~~~ the providing of other services to the local government. (E.g., ~ ~^~ K see the problem with discussion by members of City Commission of ~, ~~~~. Bunnell.) -:7"'C y,-,,\.v...u.\.(t \ 0' -:,-,L~ '\ '7,/ 3) With respect to the issue of whether a consultant \ may charge a variable fee for doing application preparation for a local government, dependent upon whether the consultant is awarded other contracts by the local government -- this seems to violate the specific provisions of OMB Circular A-lO2 Attachment 0 and 24 C.F.R. Section 85.36 that there be maximum free and open competition. With respect to the Florida CDBG program, there have, in addition, been a number of memoranda issued by the Department of Community Affairs concerning the procurement of multi-service contracts. In the September 8,1987 memorandum from Bureau Chief Corinne M. Sharpe (copy attached), it was stated that a proposal for a professional service must separately state for each service thé applicant's qualifications and the proposed fee. This memorandum was then followed by one dated September 23,1987 (copy attached) which set forth additional procedures to be followed in the procu~ement of multi-service contracts, the essence of these procedures being that each type of service must be advertised and considered separately in order to give equal competitive ability to those proposers seeking to only offer to do one of several services. l 4) As a separate issue, BUD has addressed the question of whether multi-service contracts, where a consultant is awarded a contract for more than one service (such as application preparation, grant administration and engineering), are in violation of BUD rules and regulations. In BUD Circular Letter 81-69 (copy attached) it states that there are oversight problems inherent in the concept of a consultant providing "cradle to grave" &ervices. The BUD Circular Letter states that the method of'contracting by which a multitude of services (such as application preparation, planning and administering present and future CDBG programs, assisting in necessary land acquisition and providing appropriate engineering design) are lumped in one multi-year multi-program contract prevents both the local government and HUD from effectively administering the CDBG program. The Circular Letter then expands on this position by explaining that the combination of the functions of the administrator and the engineer causes problems because lo~al governments (a) charge ineligible costs to their CDBG program, (b) obligate funds prior to application approval, (c) violate environmental review procedures, and Cd) for multi-program 8 8 , HEM ORAND UM October 26,1989 Page Four contracts, improperly assign costs to the appropriate CDBG program. Based on those concerns, the HUD Circular Letter states that professional services must conform to the following: (a) a separate professional services contract must be executed between the local government and the consultant for each particular CDBG program. (b) those types of services having a relatively undefined scope, such as program management or administration, and those services of a more defined scope, such as engineering or architectural design, must be separated from each other into individual contracts. l (c) each services contract must identify by program number and individual project the grant to which it is applicable. BUD has additionally stated that under OMB Circular A- 102 Attachment 0, a conflict generally exists in these situations where a local government awards a multi-service contract to a firm to manage or administer its CDBG program, while at the same time the firm is to provide a service or product under the local government's CDBG grant program. In addition, BUD has stated in a letter opinion dated June 2,1986 (copy attached) that Attachment G to OMB Circular A- . 102 requires that a grantee's fiscal management system provide for effective control and accountability for all funds, and HUD states that Attachment G should then act to discourage any arrangement by which a firm is, in effect, reviewing its own work. This situation of an administrator overseeing its own enginee~ing work is seen by HUD as a conflict of interest which violates both Attachment G and Attachment 0 to OMB Circular A- 102. This position of HUD has also been adopted by the Department of Community Affairs in its memorandum dated February 3,1988 (copy attached), which states that a project administrator which evaluates or approves payment for work performed by it in the separate capacity of an engineer must - implement procedures to prevent a possible conflict of interest. The procedure required in that memorandum for such a multi- service conflict is that a third party (either-from the lQcal government or a private firm) independently review the engineer's work, and the basis for that requirement is the OMB Circular A- 102. BJ'F:pf 8 8 . . ~ 8 STATE OF FLORIDA 8 @ffir£ nf tq£ ~nÍ1£rttnr TilE CAPITOL TALLAHASSEE. FLORIDA 32399-0001 .-..." ~'-~f1~':~'~ .--~.,¡':':i .r,~\, :'>.,\'~ £; ~ \ \~ ì \; t~\;\'~I:,'.[Û.I', ',: :, ~... ~ \', 1')" '<' J :"'r'~"'..1 !". ¡~, ~~ ?,';,,:;,,'~'-t ~':'1:':~td b.;\~...,..' ,>I~ E}> Mf\R 4& \99J LAWTON CHILES GOVERNOR CCB(3 - \io\1&W: February 26,1991 Mr. Tom Pierce Housing and Community Development Department of Community Affairs 2740 Centerview,Drive Tallahassee, Florida 32399 RE: City of Clermont Community Development Block Grant - Housing SAI: FL9101030810 Dear Mr. Pierce: The Florida State Clearinghouse, pursuant to Presidential Executive Order 12372 and Gubernatorial Executive Order 83-150, has coordinated a review of the above referenced project. Pursuant to Presidential Executive Order 12372, the project is in accord with State plans, programs, procedures and objectives. Enclosed are comments received during the review process. The Department of Environmental Regulation (DER) indicates that permits may be required prior to start of construction. Sound development practices should be maintained during all phases of construction and early coordination with DER's district office in the project area may help to eliminate problems in the permitting process. Please enter the State Application Identifier (SAI) Number, shown above, in box 3a of Standard Form 424 and append a copy of this letter and any enclosures to your application. These actions will assure the federal agency of your compliance with Florida's ~ 8 8 Mr. Tom Pierce Page Two review requirements, help ensure notification of federal agency action under the Federal Assistance Award Data System (FAADS) and reduce the chance of unnecessary delays in processing your application by the federal agency. sincerely, ... ES[~ hi t~l:fÆ!Lrector State Clearinghouse EDW/rt Enclosure(s) cc: Department of Environmental Regulation Department of State r 8 '~~'iïir'..;~';,,;,., :>~ ;.. .; , ",-,¡ ~... ,:~. ~. :...-, f ~¡~ ~' ;-..:..;.-iJJi:.:, - '" " ,x 'If; Ji~' ';~ -OJ;, ,- ':';;;"'- " 'I . - -'" " ,"';¡; '" ,~~ ' , ..,....-' ...-...~'-(t'" '"\.."", b .......\,.~ ~l):f\~ '.<~)\i.;'~¡"¡~ \J ),~\,~J ~. ,."n t~.. 'l\';V" ~' . ,J- ,;> tM\K 4 '99' FLORIDA DEPARTMEN r OF STATE ]1m SmIth <;ecretary of State ~: nOus\ng CDf"";-::-"'--"-- '. 'or'" -.;/ ,,""-~' ,:"."';~'" "',.",.-7":,:,-:---. . " ¡ , .', . '" \ ,0 "'0-;". " /"--; '.., k'-:""""¡"I' .i.,.'v"'~ """"I";:':~ ~" ,- ".: ; r ~ .~ J "'~ "..;;..,/ DIVISION OF HISTORICAL RESOURCES R A Gray Building 500 South Bronaugh Tallahassee, Florida 32399,0250 Director', OffICe Telecopler Number (FAX) (904) 488,1480 (904) 488,3353 JanC:cŒÿ 18, 1991 Mr ~~tus Whitfield, Deputy Director S~at~ Planning and Development Clearinghouse Offi~9 of Planning and Budgeting T.t':~ '-_api tol Tallahassee, Florida 32399-0001 JA ~, ...IV """ 1 '-,~ 991 STATE C!.Ï::;~:-"" ',r,",,"~-'-, ¡-. -" ""'-'VË In Reply Refer To: Laura A. Kammerer Historic Sites Specialist (904) 487-2333 Project File No. 910032 Cultural Resource Assessment Request SAI# FL9101030810 Community Development Block Grant Application city of Clermont, Lake County, Florida (2 Projects) RE: Dear Mr. whitfield: In accordance with the procedures contained in 36 C,F.R., Part 800 ("Protection of Historic Properties"), we have reviewed the above referenced project(s) for possible impact to archaeological and historical sites or properties listed, or eligible for listing, in the National Register of Historic Places. The authority for this procedure is the National Historic Preservation Act of 1966 (Public Law 89-665), as amended. We have reviewed the information in the above referenced CDBG application, and the pertinent data in the Florida Master site File. Based on the facts provided by the appli~ant that no pre- 1940 structures will be included in all project activities, it is the opinion of this agency that because of their nature and/or location, the following projects are deemed unlikely to affect significant archaeological or historic sites listed, or eligible for listing, in the National Register of Historic Places, or otherwise of national, state, or local significance. These projects may proceed without further involvement with this office: PROJECT ACTIVITIES Number Name 039a 051a Temporary Relocation Housing Rehabilitation Archaeological i{ðcarch Florida Folklife rro~ram" HI'tonc Pre..er\'atlOn Museum of Flonda Ht..tor\' ,- ,'" . , , . 8 8 Mr. \\1hJtfield Januciry 18, 1991 Page 2 Historic stryctures are the tangible remains of a community's growth and development. We recognize that such resources, as well as archaeological sites, are significant elements in a community's historic heritage, and provide i~s residents with a sense of place and continuity. For this reason, both the state and federal government encourage the rehabilitation of older structures in lieu of new construction. The Secretarv of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings were developed to guide the . process. These Standards and Guidelines are not tc be confused with those dealing with restoration. Rather, they guide the sensitive adaptive reuse oÏ structures to meet modern code and use requirements, while retaining those elements which define a structure's historic character. In most instances, the features of concern are restricted to the exterior of the structure. The Division of Historic Resources, which serves as the office of Florida's State Historic Preservation Officer, is committed to helping communities evaluate their historic resources and to - preserve and rehabilitate those properties deemed significant. If you have any questions concerning our comments, please do not hesitate to contact us. Your interest in protecting Florida's archaeological and historic resources is appreciated. Sincerely, --7 ... -, -/ ~'::"£/'ó~;' ./ :7..:.Z.,c.-~-- ~~- tJ'" ----.~ - p~'George W. Percy, Director ! Division of Historical Resources and State Historic Preservation Officer GWP/lak xc: Don Klima, ACHP