COMMUNITY DEVELOPMENT BLOCK GRANT AGENCY AGREEMENTThis instrument was prepared by:
City of Clearwater
Economic Development & Housing Dept
P 0 Box 4787
Clearwater, FL 33755
City of Clearwater
Economic Development & Housing Department
Community Development Block Grant
Agency Agreement
his Community Development Block Grant (CDBG) Agreement (herein Agreement) is entered into as of
the day of(AOL G11 , 2022 (herein Effective Date), by and between City of Clearwater, a Florida
municipal corporation, principal address of 600 Cleveland Street, Ste 600, Clearwater, Florida 33755,
(hereinafter referred to as the "CITY) and Kimberly Home Inc., having its principal address at 1189 N. E. Cleveland
Street, Clearwater, FL 33755, a not-for-profit corporation organized under the laws of the State of Florida
(hereinafter referred to as "Kimberly Home, Inc." or "AGENCY").
WHEREAS, AGENCY has applied through the City of Clearwater Economic Development & Housing
Department to borrow funds for the rehabilitation of property located at 1178-1180 Grove Street, ("the Project");
and
WHEREAS, CITY operates a program offering CDBG funds to provide such financing (herein Program); and
WHEREAS, CITY and AGENCY desires to enter into a written agreement assuring that the units are
rehabilitated in compliance with the terms and conditions imposed by the CDBG Program and the City of
Clearwater rehabilitation standards; and
WHEREAS, City and AGENCY have entered into a Promissory Note (herein Note) and Mortgage (herein
Mortgage) and Land Use Restriction Agreement (herein LURA) of even date;
NOW THEREFORE, in consideration of the promises and covenants contained herein, AGENCY agrees as
follows:
1. USE OF CDBG FUNDS
AGENCY shall use the CDBG funds provided to finance the Rehabilitation Project on the following described
property located in the County of Pinellas, State of Florida, at 1178-1180 Grove Street, Clearwater, FL 33755,
and further described in the legal description below:
Lots 35 and 36, Block D, Bassedena Subdivision, according to the map or plat thereof, as recorded in
Plat Book 6, Page 26 of the Public Records of Pinellas County, Florida. (Hereinafter Property).
The Property is to be developed as affordable transitional rental housing in accordance with the Program.
The AGENCY covenants that the units will be rented to income -eligible homeless pregnant females. The units
will be restricted to income -eligible tenants, as defined below, for Twenty (20) years. This Agreement
incorporates by reference, terms and conditions described in the Mortgage, Note, and LURA, of even date
[A04-01510 /286031/1] Page 1
and any other agreements enforcing the CDBG requirements associated with said Mortgage, Note, and LURA.
The budget for the Project is estimated to be One Hundred Seventy Thousand Five Hundred Eighty and
No/100 Dollars ($170,580.00). Eligible expenses incurred on or after the effective date of this Agreement will
be reimbursed in accordance with the terms and conditions of Section 7 (Request for Disbursement of Funds)
and Mortgage and Note. Project rehabilitation will commence and be completed as defined and set forth in
the affordable housing development schedule attached hereto as Schedule A.
2. AFFORDABILITY OF CDBG-ASSISTED UNITS
The single-family units rehabilitated on the Property shall be rented to income -eligible tenants (CDBG-
assisted units) who, at occupancy shall have annual household incomes which do not exceed 80% of the Area
Median Income (AMI), as determined and made available by the U.S. Department of Housing and Urban
Development (HUD), with adjustments for family size.
3. AFFORDABILITY PERIOD
The Affordability Period for the CDBG-assisted units shall commence upon execution of the loan documents
and shall end Twenty (20) years thereafter.
4. INCOME ELIGIBILITY; PROJECT REQUIREMENTS
AGENCY shall ensure the occupants of the CDBG-assisted units have annual household incomes which do not
exceed 80% of the Area Median Income (AMI), as determined and made available by the U.S. Department
of Housing and Urban Development (HUD), with adjustments for family size. The AGENCY shall determine
and verify the income eligibility of the CDBG-assisted units in accordance with HUD Section 8 Housing
Assistance Programs in 24 CFR Part 5, or an alternative method pre -approved by the City for the Project. The
AGENCY shall calculate gross annual income by annualizing verified sources of income to be received by the
household during the twelve (12) months following the effective date of the determination. The AGENCY
shall ensure compliance with project requirements as defined in 24 CFR 570, Subpart K.
5. PROPERTY STANDARDS
The AGENCY attests that Project will meet all applicable local codes, standards, ordinances, and zoning
ordinances and meet current property standards defined in at the time of project completion and throughout
the duration of the Affordability Period.
6. REQUEST FOR DISBURSEMENT OF FUNDS
The AGENCY may not request disbursement of funds under this agreement or the Note until the funds are
needed for payment of eligible costs. The amount of each request must be limited to the amount needed.
The City reserves the right to deny payment of incomplete or altered invoices, inadequately documented
expenses, or expenses for items and services the City deems not to be usual, customary, and reasonable
expenses related to improvements of the Project. Additionally, the City reserves the right to not pay any
contractor, subcontractor, material men or supplier wherein a dispute arises.
a) If AGENCY receives notification from a third -party funding source of an offer for additional funding to
complete the Project, AGENCY shall notify CITY in writing within thirty (30) days of receiving notification
and submit a cost allocation plan for approval by City within forty-five (45) days of said notification.
Should AGENCY collect any third -party payments for eligible activities for which City has reimbursed
AGENCY, AGENCY shall reimburse City up to the total amount reimbursed by City.
b) The CITY shall pay for the work performed based on the AGENCY'S delivery to the City of (i) an invoice,
(ii) check request, (iii) the delivery of an executed Partial Release of Lien or Final Release of Lien for the
[A04-01510 /286031/1] Page 2
work associated with the application for payment, and (iv) such other documentation and information
as reasonably requested by the City. Requests for the payment of construction related costs shall be
limited to a total of Five (5} requests for the entire Project. Construction draw requests shall be in
accordance with the AGENCY'S executed agreement with the construction contractor (Contractor), and
prior to submission to the City shall be signed by the Contractor, the AGENCY, and a qualified owner's
representative who shall attest to the completion and quality of all work for which payment is being
requested. Upon receipt and acceptance of a complete reimbursement request, City shall pay AGENCY
in accordance with 2 C.F.R. 200.305(b) (3) (Payment).
c) All disbursements by the City will be made to the AGENCY who shall be responsible for paying the
Contractor. Retainage in the amount specified in the construction contract with the Contractor will be
disbursed after all required work has been satisfactorily completed and the renovated apartments are
ready for occupancy, in the City's reasonable discretion. Notwithstanding anything herein to the contrary,
the City shall have no obligation to fund the work if (i) the AGENCY is in default under the terms of this
Agreement or any other agreement between the AGENCY and the CITY, or (ii) the work subject to the
payment request does not meet the minimum standards set forth by the City, or (iii) the draw request
includes items not in a budget approved by the City. The City has the right, to be exercised in its sole and
absolute discretion, to delay funding of the work until such time that it receives a title endorsement from
a nationally recognized title insurance company providing that the Property and the improvements
thereon, are free from construction liens. The AGENCY shall comply with Chapter 713, Florida Statutes in
all respects.
d) AGENCY agrees that in the event that any grant is reduced or withheld by HUD, City shall not be liable for
payment of Project expenses remaining unfunded by said reduced or withheld amount of the grant, with
the exception of services or activities contracted by the AGENCY, prior to notification by HUD to City of
grant reduction or grant funding withheld.
e) AGENCY shall insure recognition of the role of the City in providing funding through this AGREEMENT.
Where possible, all media, press releases, and publications utilized pursuant to this AGREEMENT shall be
prominently labeled as to the funding source.
f) AGENCY shall comply with all other requirements in Attachment A, Financial and Administrative
Requirements, and Attachment B, Employment and Personnel Requirements, adopted and incorporated
herein.
7. MONITORING AND INSPECTION
The AGENCY acknowledges that the City or its designee may, during rehabilitation, inspect units for
compliance with local code requirements and Housing Quality Standards as defined for the HUD Section 8
Program.
8. RELOCATION AND DISPLACEMENT
The AGENCY acknowledges that the AGENCY will bear sole responsibility for any costs or reimbursements,
legal or otherwise, from person or persons claiming that they have been involuntarily displaced by the
acquisition of real property associated with development of the Project.
9. NONDISCRIMINATION
The AGENCY shall not discriminate, as defined by local, State, or Federal Statutes, on the basis of race, creed,
color, sex, age, disability, family status, or national origin in the rental of the units within the Project or in
connection with the employment or application for employment of persons for the construction, or
management of the Project. The AGENCY shall not illegally discriminate against prospective tenants during
or after the solicitation process.
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10. CONSULTANT ACTIVITIES
For federally funded projects the AGENCY agrees to comply with the guidelines of 2 CFR 200.430 that no
person providing consultant services shall receive more than a reasonable rate of compensation for services
paid with Federal Funds.
11. DEFAULT
The AGENCY will be in default of this AGREEMENT, if AGENCY materially fails to perform under this
agreement, including but not limited to:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statues, regulations, executive orders, or HUD guidelines, policies or directives as may become
applicable at any time;
b) Failure, for any reason, of the AGENCY to fulfill in a timely and proper manner its obligations under
this AGREEMENT;
c) Ineffective or improper use of funds provided under this AGREEMENT; or
d) Submission by the AGENCY to CITY of reports that are incorrect or incomplete in any material
respect.
In the event of a default by AGENCY, CITY may impose additional conditions, including requiring additional
information from AGENCY to determine reasons for, or extent of, noncompliance or lack of performance,
withhold authority to proceed to the next phase, require additional project monitoring, or require the
AGENCY to obtain technical or management assistance. CITY may also give AGENCY a reasonable opportunity
to cure the default; reasonableness shall be determined by CITY and shall be based upon the nature and
extent of the default.
12. REMEDIES
In the event of a default, CITY shall be entitled, in addition to all other remedies provided in law or equity:
a) To compel specific performance by AGENCY of its obligations under this AGREEMENT;
b) In accordance with 2 C.F.R. Part 200.339, if CITY determines, in its sole discretion, that non-compliance
or non-performance of the terms of the Agreement cannot be remedied by the imposition of additional
conditions, or if CITY determines that an opportunity to cure the default is unwarranted or will likely be
ineffective, CITY may take one or more of the following actions upon seven (7) calendar days' notice in
writing to AGENCY:
i. Temporarily withhold reimbursement requests pending correction of the identified deficiency;
ii. Disallow use of funds and any applicable matching credit for all, or a part of the cost of the activity
or action not in compliance;
iii. Initiate suspension or debarment proceedings;
iv. Withhold further Federal awards for the project or program;
v. Wholly or partly suspend or terminate the AGREEMENT; or
vi. Take any other legal or equitable action available.
Per 2 C.F.R. Part 200.342, AGENCY will be entitled to hearings, appeals or other administrative proceedings
to which AGENCY is entitled under any statute or regulation applicable to the action involved.
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13. TERMINATION
Termination for cause. This AGREEMENT may be terminated by CITY for cause in accordance with Section 15
herein (Remedies).
Termination for convenience. This AGREEMENT may be terminated by CITY or AGENCY, in whole or in part,
upon sixty (60) days written notice by the terminating party, by setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the
case of a partial termination initiated by AGENCY, the CITY determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the CITY may terminate the award in
its entirety. When applicable, the CITY will follow requirements per 2 C.F.R. Part 200.341 for reporting
termination of AGREEMENT to the OMB -designated integrity and performance system, System for Award
Management (SAM) database.
Closeout. Upon termination, in whole or in part, the parties hereto remain responsible for compliance with
the requirements in 2 C.F.R. Part 200.344 (Closeout) and 2 C.F.R. Part 200.345 (Post -closeout adjustments
and continuing responsibilities).
Effects of Termination. Costs to the AGENCY resulting from obligations incurred by the AGENCY, or during a
suspension after termination of the AGENCY are not allowable unless the CITY otherwise expressly authorizes
AGENCY in the notice of suspension or termination. Costs to the AGENCY during suspension or after
termination are allowable if resulting from obligations which were properly incurred before the effective date
of suspension or termination, or if the costs would be allowable if the AGREEMENT was not suspended or
expired normally at the end of the AGREEMENT in which the termination takes effect.
14. HOLD HARMLESS
The AGENCY shall defend, indemnify and hold the CITY and all of its officers and employees, harmless from
and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every kind or nature,
by, or on behalf of, any person or persons whomsoever or whatsoever arising out of or in any matter resulting
from or connected with any accident, injury, death or damage that may happen during the time period
covered by this Agreement, provided that the claims do not arise from the actions of the CITY or its officers
or employees. The AGENCY will defend any actions or suits brought against the CITY by reason of the
AGENCY'S failure or neglect in complying with any of the conditions and obligations of this Agreement, or
any tort liability arising out of actions of the AGENCY or any of its agents or subcontractors.
15. INSURANCE
The AGENCY shall maintain insurance coverage in form and amount deemed adequate by the CITY for all risks
inherent in the functions and aspects of its operation including but not limited to risks of fire, casualty,
automobile liability coverage, workmen's compensation insurance as required by law, and public liability
insurance for personal injury and property damage.
[A04-01510 /286031/1] Page 5
16. NOTICES; AGREEMENT REPRESENTATIVES
a) Notices required by this AGREEEMENT shall be in writing and delivered via mail (postage required),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notices
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other
communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated
below, unless otherwise identified in this AGREEMENT or modified by subsequent written notice.
b) Project shall be conducted and administered under the direction of AGENCY representative. Unless
otherwise specified herein or necessary, AGENCY representative shall coordinate Project implementation
with CITY representative (Project Manager). Further, unless otherwise stipulated herein or necessary, all
notices, invoices, payments, reports, and other written communications shall be conducted and
exchanged between the representatives for AGENCY and CITY, the contact information for whom follows:
ADDRESS OF CITY OF CLEARWATER
Economic Development & Housing
600 Cleveland Street, 6th Floor
Clearwater, Florida 33755
Attn: Senior Housing Coordinator
ADDRESS OF AGENCY
Kimberly Home, Inc.
1189 N. E. Cleveland Street
Clearwater, Florida 33755
Attn: Kathleen M. Kelly
17. AFFIRMATIVE MARKETING
The AGENCY shall adopt appropriate procedures for affirmatively marketing the CDBG-assisted units of the
Kimberly Home Project. Affirmative marketing consists of good faith efforts to provide information and
otherwise to attract to the available housing, eligible persons from all racial, ethnic and gender groups in the
housing market area. The AGENCY shall be required to use affirmative fair housing marketing practices in
soliciting and determining eligibility, concluding transactions, and affirmatively further fair housing efforts.
The AGENCY must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of
phone calls, copies of letters, etc.) to be available for inspection on request by the CITY. The AGENCY must
provide a description of intended actions that will inform and otherwise attract eligible persons from all
racial, ethnic, and gender groups in the housing market of the available housing. The AGENCY must provide
the CITY with an assessment of the affirmative marketing program. Said assessment must include: a) methods
used to inform the public about federal fair housing laws and affirmative marketing policy, b) methods used
to inform and solicit applications from persons in the housing market who are not likely to apply without
special outreach; and c) records describing actions taken by the participating entity and/or owner to
affirmatively market units; and records to assess the results of these actions.
18. ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to and may be enforced by the CITY for the duration of the
Agreement, whether or not the CITY shall continue to be the holder of the Mortgage, whether or not the
Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing funds for
the project are outstanding. The AGENCY warrants that it has not, and will not, execute any other agreement
with provisions contradictory to, or in opposition to, the provisions hereof, and that, in any event, the
requirements of this Agreement are paramount and controlling as to the rights and obligations herein set
forth and supersede any other requirements in conflict herewith.
19. FORCE MAJEURE
The AGENCY covenants and agrees that, subject to matters of force majeure, the work shall be completed on
or before six (6) months from the date of this Agreement. This Agreement shall be amended between the
[A04-01510 /286031/1] Page 6
CITY and the AGENCY when all permits have been issued to set forth and determine the date of
commencement of the work. Matters of force majeure shall include, but not necessarily be limited to,
bona fied weather disturbances, strikes, shortages of material, governmental delays (exclusive of those
caused by or as a result of the fault of the Construction Manager) and those matters over which the
Construction Manager has no control. Force majeure shall not be construed to reduce the obligation of the
AGENCY to timely complete the project because the failure of contractors and subcontractors to timely
complete their work unless such delay is within the definition of the term force majeure.
20. MODIFICATIONS
CITY or AGENCY may amend this AGREEMENT at any time to conform with Federal, state or local
governmental guidelines and policies, or for other reasons provided that such amendments make specific
reference to this AGREEMENT, and are executed in writing, signed by a duly authorized representative of CITY
and AGENCY, and approved by the CITY'S governing body. Such amendments will not invalidate this
AGREEMENT, nor relieve or release the CITY or AGENCY from its obligations under this AGREEMENT.
21. ASSIGNABILITY
AGENCY shall not assign any interest in this AGREEMENT or otherwise transfer interest in this AGREEMENT
without the prior written approval of CITY. All requirements of this AGREEMENT shall be applicable to any
subcontracts entered into under this AGREEMENT and it shall be AGENCY'S responsibility to ensure that all
requirements are included in said subcontracts and all subcontractors abide by said requirements.
AGENCY shall not pledge, mortgage, award, or any interest therein or any claim arising thereunder, to any
party or parties, banks, trust companies, or other financing or financial institutions without the written
approval of the CITY.
22. GOVERNING LAW
AGENCY agrees to comply with the following Federal laws incorporated herein by reference as though set
forth in full, which shall govern this AGREEMENT except as otherwise provided herein:
a) Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.);
b) Terms and conditions of the government grants under Title IX, Subchapter C, Part 1 of the Omnibus
Budget Reconciliation Act of 1993 (26 U.S.C. 1391, et seq.);
c) Title 24 of the Code of Federal Regulations, 570 (HUD regulations concerning CDBG);
d) The "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards," codified at 2 C.F.R. Part 200; and
e) Any and all laws, statutes, ordinances, rules, regulations or requirements of the Federal, State or local
governments, and any agencies thereof, which relate to or in any manner affect the performance of this
AGREEMENT.
Further, AGENCY agrees to comply with all other applicable Federal, state and local laws, regulations, and
policies governing AGENCY'S organization and governing the Award provided under this AGREEMENT.
Attachment C, Federal Program Requirements, provides a partial overview of federal requirements as they
relate to the Award. AGENCY further agrees to utilize funds available under this AGREEMENT to supplement
rather than supplant funds otherwise available. This AGREEMENT incorporates all terms and conditions of
the Grant and are hereby imposed upon AGENCY. Moreover, those rights reserved by HUD in the Grant are
hereby reserved by the CITY to the extent permitted by law.
The laws of the State of Florida shall otherwise govern this AGREEMENT.
[A04-01510 /286031/1] Page 7
23. RELATIONSHIP OF THE PARTIES
Nothing contained in this AGREEMENT is intended to, or will be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. AGENCY will at all times remain an
independent entity with respect to performance of the Project. CITY will be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the AGENCY is an independent entity.
24. PERFORMANCE WAIVER
CITY'S failure to act with respect to a breach by AGENCY does not waive its right to act with respect to
subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision will not
constitute a waiver of such right or provision. A waiver by one party of the other party's performance shall
not constitute a waiver of any subsequent performance required by such other party. No waiver shall be valid
unless it is in writing and signed by authorized representatives of both parties.
25. SEVERABILITY
If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT will not be affected
thereby and all other parts of this AGREEMENT will nevertheless be in full force and effect.
26. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire AGREEMENT between CITY and AGENCY for the use of funds received
under this AGREEMENT and it supersedes all prior communications and proposals, whether electronic, oral,
or written between CITY and AGENCY with respect to this AGREEMENT.
CITY and AGENCY may execute this AGREEMENT in counterparts, each of which is deemed an original and all
of which constitute only one AGREEMENT.
(Signatures on Following Page)
[A04-01510 /286031/1] Page 8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above
written. *Note: Two witnesses are required*
WITNESS:
66d3R., EcL,
Print Name
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ness
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STATE OF FLORIDA]
COUNTY OF PINELLAS]
AGENCY: Kimberly Home, Inc.
a Florida Not -for -Profit Corporation
Federal Employee ID Number: 59-2077208
BY: __Ci.t�C.%���
Kathleen M. Kelly, CEO
Date:
The foregoin. nstr ment w. nowledged before me by means of EKiphysical presence or ❑ online
notarization, this I1 / f/-° •ate) by Kathleen M. Kelly, CEO, Kimberly Home, Inc., A Florida Not -For -
Profit Corporation, who is +personally known to me or ❑ who has produced
(type of identification) as identification.
WITNESS my hand and official seal this day of f\C4tI C\ , 2022
My commission expires:
,•',aJ'6'r;�;, MARVALYN T. MALCOLM-SMITH
Notary Public - State of Florida
.., :x; Corimiss.on = GG 189949
,fox F‘. r My Comm. Expires May 1, 2022
'' Bonded through National Notary Assn.
[A04-01510 /286031/1] Page 9
NtStary Public (type or print name below)
CITY OF CLEARWATER, FLORIDA
Approved as to form:
Laura Mahony, Senior Assistant C(t4Attorney
STATE OF FLORIDA)
COUNTY OF PINELLAS]
By:
Jon R Jennings, City Manager
Rosemarie CaII, City Clerk
The foregoing instrument was acknowledged before me by means of (Physical presence or 0 online
notarization, this (date) by Jon P. Jennings, the City Manager of the City of Clearwater, who
is personally known to me or who has produced (type of identification) as
identi#i cion.
WITNESS my hand and official seal this 30 +h day of C\ , 2022
My commission expires: Ja» 3, a b a.t3
[A04-01510 /286031/1] Page 10
��uu�►ua,
\4or.!!fi,s,7 Tammy L. Cummings
Comm.:HH 212536
Expires: Jan. 3, 2026
0/,°��� Notary Public - State of Florida
ATTACHMENT A — FINANCIAL AND ADMINISTRATIVE REQUIREMENTS
1. FINANCIAL MANAGEMENT
a) Accounting Standards. AGENCY agrees to comply with 2 C.F.R. Part 200 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
b) Cost Principles. AGENCY will administer its program in conformance with 2 C.F.R. Part 200. These
principles will be applied for all costs incurred whether charged on a direct or indirect basis.
c) Duplication of Costs. AGENCY certifies that work to be performed under this AGREEMENT does not
duplicate any work to be charged against any other contract, subcontract or other source.
2. REQUIRED WRITTEN POLICIES, PROCEDURES
a) General. AGENCY will provide the following written policies or procedures in accordance with 2 C.F.R.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and
24 C.F.R. 5.106:
i. Conflict of Interest Policy, in accordance with 2 C.F.R. 200.112 (Conflict of Interest), 2 C.F.R. 200.318(c)
(General Procurement Standards)
ii. Cost Allowability Procedures for determining the allowability of costs in accordance with 2 C.F.R.
200.302(b) (7) (Financial Management) and 2 C.F.R. 200.403 (Factors Affecting Allowability of Costs)
iii. Cash Management/Payment Timing Procedures to implement the requirements of 2 C.F.R. 200.305
(Payment)
iv. Procurement/Purchasing Policy, in accordance with 2 C.F.R. 200.318(a) (General Procurement
Standards), 2 C.F.R. 200.319(c) (d) (Competition), and 2 C.F.R. 200.320 (Methods of Procurement), 2
C.F.R. 200.324(a) (Contract Cost and Price), 2 C.F.R. 200.326 (Bonding Requirements)
v. Compensation, Fringe Benefits and Travel Costs, in accordance with 2 C.F.R. 200.430 (Compensation -
Personal Services), 2 C.F.R. 200.431 (Compensation -Fringe Benefits), 2 C.F.R. 200.474 (Travel Costs)
vi. If applicable. Gender Identity Equal Access Operating Policy and Procedures, in accordance with 24
C.F.R. 5.106 (Equal Access in Accordance with the Individual's Gender Identity in Community Planning
and Development Programs) If AGENCY is a manager or owner of temporary or emergency shelters
or other buildings and facilities and providers of services.
3. DOCUMENTATION AND RECORDKEEPING
a) Records to Be Maintained. AGENCY will maintain all records required by the Federal regulations specified
in 24 C.F.R. Part 570.506, 2 C.F.R. 200.302 (Financial Management) and 2 C.F.R. 200.334 (Records
Retention) that are pertinent to the activities to be funded under this AGREEMENT. Such records include
but are not limited to:
i. Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the
CDBG program;
iii. Records required to determine the eligibility of activities;
[A04-01510 /286031/1] Page 11
iv. Client data demonstrating client eligibility. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of benefit provided.
AGENCY understands that protected personally identifiable information (PII) is private and, when
not directly connected with the administration of this AGREEMENT, shall not be disclosed, unless
written consent is obtained from such person receiving benefit and, in the case of a minor, that of a
responsible parent/guardian;
v. Records demonstrating compliance with Affirmative Marketing requirements;
vi. Records required to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG assistance;
vii. Records documenting compliance with the civil rights components of the CDBG program;
viii. Financial records as required by 24 C.F.R. Part 570.502, and 2 C.F.R. Part 200.334;
ix. Labor standards records required to document compliance with the Davis Bacon Act, the provisions
of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and
Local laws and regulations applicable to CDBG-funded construction projects; and
x. Other records necessary to document compliance with Subpart K of 24 C.F.R. Part 570.
b) Access to Records and Retention. AGENCY shall at any time during normal business hours, and as often
as City and/or the Federal Government may deem necessary, make available for examination all of
AGENCY'S records, books, documents, papers, and data with respect to all matters covered by this
AGREEMENT and shall permit CITY and/or its designated authorized representative to audit and examine
the same for the purposes of making audit, examination, excerpts and transcriptions.
All records pertaining to this AGREEMENT shall be retained for a period of five years from the date of
submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually,
from the date of the submission of the quarterly or annual financial report. Notwithstanding the above,
if any litigation, claim, audit, negotiation or other action that involves any of the records cited and that
has started before the expiration of the five-year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever
occurs later. Nothing herein shall be construed to allow destruction of records that may be required to
be retained longer by state law.
c) Audits and Inspection. If AGENCY expends more than $750,000 or more in a fiscal year in Federal awards
from all sources, AGENCY shall have a single or program -specific audit conducted for that year in
accordance with 2 C.F.R. Part 200.501 — Audit Requirements. The Catalog of Federal Domestic Assistance
(CFDA) number is 14.228. Audit report shall be submitted to DEPARTMENT within the earlier of thirty
(30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period,
unless AGENCY and the DEPARTMENT agree to a longer period in advance. AGENCY shall be responsible
for the costs associated with this audit. AGENCY shall submit any additional documentation requested by
City to substantiate compliance to this provision if necessary. In the event the AGENCY expends less than
the threshold established by 2 C.F.R. Part 200.501, the AGENCY is exempt from Federal audit
requirements for that fiscal year, however, the AGENCY must provide a Single Audit exemption statement
to the City no later than three months after the end of the AGENCY'S fiscal year for each applicable audit
year. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,
were not expended in accordance with the conditions of this AGREEMENT, AGENCY shall be held liable
for reimbursement to CITY of all funds not expended in accordance with these applicable regulations and
AGREEMENT provisions within thirty (30) days after City has notified AGENCY of such non-compliance.
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The AGENCY is responsible for follow-up and corrective action on all audit findings pursuant to 2 C.F.R.
Part 200.511 (Audit Findings Follow Up) and 2 C.F.R. Part 200.512 (Report Submission). Failure of AGENCY
to comply with the above audit requirements will constitute a violation of this AGREEMENT and may
result in the withholding of future payments.
4. REPORTING
a) General. AGENCY shall provide to DEPARTMENT its Data Universal Numbering System (DUNS) Number
and must register and maintain the currency of information in the System for Award Management (SAM)
database, so that Grantee complies with the requirements established by the Federal Office of
Management and Budget concerning the DUNS, SAM and Federal Funding Accountability and
Transparency Act (FFATA), as required in 2 C.F.R. Part 25 and 2 C.F.R. Part 170. AGENCY will also comply
with the Digital Accountability and Transparency Act (DATA Act) of 2014, as set forth in Appendix A to
Part 25 -Award Term.
b) Program Income. Although no program income, as defined by 24 C.F.R. Part 570.500(a), is anticipated as
a result of this Project, any such income received by AGENCY is to be returned to City within thirty (30)
calendar days of receipt of such funds. Such income may include income from service fees, sale of
commodities, and rental or usage fees. Upon expiration, cancellation or termination of this AGREEMENT,
AGENCY shall transfer to City any grant funds on hand and any accounts receivable attributable to the
use of those funds.
5. ENVIRONMENTAL
AGENCY shall not assume CITY'S environmental responsibilities described at 24 C.F.R. 570.604; and AGENCY
shall not assume CITY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52.
However, AGENCY agrees that it shall supply CITY with all available, relevant information necessary for the
CITY to perform any required environmental review pursuant to HUD regulations at 24 CFR Part 58, as
amended, for each property to be acquired, rehabilitated, converted, leased, repaired or constructed with
the CDBG Award; it shall carry out mitigating measures required by the CITY or select alternate eligible
property; and it shall not acquire, rehabilitate, convert, lease, repair or construct property, or commit HUD
or local funds to such program activities with respect to any such property, until it has received notice from
the CITY that the environmental review is complete.
6. ENVIRONMENTAL CONDITIONS AND HISTORIAL REVIEW
a) Air and Water. The AGENCY agrees to comply with the following requirements insofar as they apply
to the performance of this Agreement: Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001), the AGENCY shall assure that for activities located in an area identified by
the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
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insurance under the National Flood Insurance Program is obtained and maintained as a condition
of financial assistance for acquisition or construction purposes (including rehabilitation).
c) Lead -Based Paint. The AGENCY agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-
assisted housing and require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may include lead-based paint.
Such notification shall point out the hazards of lead-based paint and explain the symptoms,
treatment and precautions that should be taken when dealing with lead-based paint poisoning and
the advisability and availability of blood lead level screening for children under seven. The notice
should also point out that if lead-based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal funds
applied to a property, paint testing, risk assessment, treatment and/or abatement may be
conducted.
d) Historic Preservation. The AGENCY agrees to comply with the Historic Preservation requirements
set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth
in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this agreement. In general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a Federal, state, or local
historic property list.
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ATTACHMENT B — EMPLOYMENT AND PERSONNEL REQUIREMENTS
1. ANTIDISCRIMINATION REQUIREMENTS
a) APPLICABLE LAWS. AGENCY shall comply with all federal, state, and local antidiscrimination laws during
the term of this AGREEMENT. Specifically, AGENCY shall not discriminate against nor exclude any
employee or applicant for employment because of race, color, religion, sex, gender, sexual orientation,
age, familial status, pregnancy, handicap, and national origin, AIDS or HIV. Upon receipt of evidence of
such discrimination, CITY shall have the right to terminate this AGREEMENT. AGENCY shall take the
necessary steps to ensure that applicants for employment and employees are treated without regard to
such discriminatory classifications. When expending the Award, AGENCY shall, within the eligible
population, comply with the following nondiscrimination requirements:
Equal Opportunity. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and implementing
regulations in 24 C.F.R. Part 1, together with section 109 of the Act (24 C.F.R. 570.602) which prohibit
discrimination in any program or activity funded in whole or in part with funds made available under
this AGREEMENT.
ii. Anti -Discrimination. Pinellas County Ordinance, Chapter 70 — Human Relations, Article 11 —
Discrimination, which prohibits discrimination in the areas of employment, government programs,
and housing and public accommodations on the basis of race, color, religion, national origin, familial
status, sex (including gender identity and gender expression), sexual orientation, and disability
within the legal boundaries of Pinellas County, Florida, including all unincorporated and
incorporated areas.
iii. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. AGENCY shall
comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. §1701u) and its implementing regulations contained in 24 CFR Part 75 regarding
economic opportunities for low-income persons and the use of local businesses, if applicable.
iv. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 C.F.R. Part 60-1.3 must
include the equal opportunity clause provided under 41 C.F.R. Part 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. Part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor."
v. Minority and Women's Business Enterprises. The requirements of Executive Orders 11625, 12432,
12138, 2 C.F.R. 200.321, and 24 C.F.R. Part 85.36(e) applies to grants under this part. Consistent with
HUD's responsibilities under these Orders. AGENCY must make efforts to encourage the use of
minority and women's business enterprises in connection with funded activities.
vi. Age Discrimination Act of 1975, as Amended. No person will be excluded from participation, denied
program benefits, or subjected to discrimination on the basis of age under any program or activity
receiving federal funding assistance. (42 U.S.C. 6101, et. seq.)
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vii. Section 504 of the Rehabilitation Act of 1973, as Amended. No otherwise qualified individual will,
solely by reason or his or her disability, be excluded from participation (including employment),
denied program benefits, or subjected to discrimination under any program or activity receiving
Federal funds. (29 U.S.C. 794)
viii. Public Law 101-336, Americans with Disabilities Act of 1990. Subject to the provisions of this title,
no qualified individual with a disability will, by reason of such disability, be excluded from
participation in or be denied the benefits of the services, programs, or activities of a public entity,
or be subjected to discrimination by any such entity.
b) POSTING REQUIREMENT. AGENCY shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the government setting forth the provisions of this non-
discrimination clause.
2. GENDER IDENTITY
AGENCY, if a manager or owner of temporary or emergency shelters, shall comply with the terms and
conditions set forth in 24 C.F.R. 5.105(a) (2) and 24 C.F.R. 5.106: equal access to accommodations, placement
and services shall be provided in accordance with the individual's gender identity, and individuals will not be
subjected to intrusive questioning or asked to provide evidence of the individual's gender.
3. CONFLICT OF INTEREST
No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-
assisted activities, or who are in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest in any contract, or have a financial
interest in any contract, subcontract, or agreement, with respect to the CDBG-assisted activity, or with
respect to the proceeds from the CDBG-assisted activity, including but not limited to occupancy of any of the
CDBG-assisted units, either for themselves or those with whom they have business or immediate family ties,
during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered
person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official
of the CITY, the AGENCY, or any designated public agency.
AGENCY agrees to abide by the provisions of 2 C.F.R. Part 200.318 and 24 C.F.R. Part 570.611, which includes
maintaining a written code or standards of conduct that will govern the performance of its officers,
employees or agents engaged in the award and administration of contracts supported by Federal funds.
4. DEBARMENT AND SUSPENSION
a) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions. Agency acknowledges that this Grant is subject to 31 C.F.R. Part 19 (Government
Debarment and Suspension (Non procurement)). AGENCY acknowledges it is not included in the Federal
Government's Excluded Parties List, accessible on www.sam.gov. If AGENCY ever is placed on such list, or
becomes aware that it will be placed on such list, AGENCY shall notify CITY immediately.
i. AGENCY certifies, by signing this contract that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency.
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ii. Where AGENCY is unable to certify to any of the statements in this contract, AGENCY will attach
an explanation to this contract.
iii. AGENCY further agrees by signing this contract that it will not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction.
b) Changes. AGENCY shall report all changes to systems utilized to carry out the Project, any conflicts of
interest that occur during the period of performance, debarment and suspensions, and incidents of fraud,
waste, and abuse.
5. RELIGIOUS ACTIVITIES
AGENCY, if a faith -based organization, shall comply with the terms and conditions set forth in 24 C.F.R. Part 5
General HUD Program Requirements; Waivers, Section 5.109, Equal participation of Religious Organizations
in HUD Programs, as well as 24 C.F.R. 570.200, 24 C.F.R. 570.503, as amended, and 24 C.F.R. 570.607 regarding
faith -based organizations.
6. LOBBYING
AGENCY acknowledges AGREEMENT is subject to 31 USC 1352 (Limitation on Use of Appropriated Funds to
Influence Certain Federal Contracting and Financial Transactions) and 55 FR 6736, and 54 FR 52306. AGENCY
certifies by signing this contract, to the best of his or her knowledge and belief that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of 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;
b) 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, it will complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this Section B6 (Lobbying) 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 accordingly:
d) Lobbying Certification. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
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ATTACHMENT C
FEDERAL PROGRAM REQUIREMENTS
Requirements
Federal Regulations
Other References
1. Federal Labor Standards
- Davis -Bacon
- Copeland Act (Anti -kickback)
- Contract Work Hours and Safety Standards
24 CFR 570.603;
29 CFR Parts 1, 3, and 5
Section 110, Housing & Community
Development Act of 1974 (HCDA);
40 U.S.C. 276a -276a-5; 40 U.S.C.
276c; 40 U.S.C. 327 et seq.
2. Equal Employment Opportunity
24 CFR 570.601-602,
24 CFR 570.607,
41 CFR Part 60
Executive Orders 11246 and 12086,
12 U.S.C. 1701u
3. List of Debarred or Ineligible Contractors
24 CFR 570.609,
24 CFR Part 24
4. Non -Discrimination
24 CFR Part 8,
24 CFR 570.601,
24 CFR 570.602
Section 504 of Rehab. Act of 1973,
Americans with Disabilities Act of
1990, Exec. Order 11063
5. Fire Safety Codes
Local
6. Building, Housing, and Zoning Codes; Housing
Quality Standards
24 CFR 570.208(b)(1)(iv)
and (b)(2)
Local
7. Lead -Based Paint
24 CFR 570.608,
24 CFR Part 35
42 U.S.0 4821et seq.
8. Lump Sum Drawdowns
24 CFR 570.513
9. Environmental/Historic Preservation/National
Environmental Policy Act/Flood Insurance
Requirements
- Siting Near Airports and Coastal Barrier
Resources
- Fish and Wildlife Protection
- Flood Plain
- National Historic Preservation
- Noise Abatement & Control
- Wetlands
- Air Quality
- Coastal Zones
- Endangered Species
- Thermal/Explosive Hazards
- Flood Insurance
24 CFR 570.503(b)(5)(i)
24 CFR 570.604, 24 CFR
570.202, 24 CFR Part 58
Ref. At 24 CFR 58.6
See reference at 24 CFR
58.5, 24 CFR 570.605
Sec. 104(g), HCDA
42 U.S.0 4001 et seq.
10. Relocation, Real Property Acquisition, and One-
For -One Housing Replacement
- Uniform Relocation Act
- Residential anti -displacement and
relocation assistance
- One -for -One Replacement
24 CFR 570.201(1), 24
CFR 570.606, 49 CFR
Part 24
24 CFR 570.606 (b)
Sect. 104(d) and
105(a)(11)of HCDA,
www.hud.gov/relocation
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11. Definition of Computation of Units of Services
term
IDIS instructions
12. Section 108 Loan Guarantees
24 CFR 570.700-570.709
Sec. 108 of HCDA
13. Applicable Credits
A-87
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SCHEDULE A
Affordable Housing Development Schedule
Project construction will commence and be completed in accordance with the schedule below and in no event
will construction commence later than 180 days from the date of this Agency Agreement nor will project be
completed later than 1 year from the date of this Agency Agreement.
For purposes of this AGENCY Agreement, "project construction commenced" will mean issuance of building
permits. Further, "completion date" will mean issuance of all certificates of occupancy.
1. Commencement of Construction: On or before April 18, 2022
2. Project Completion: On or before April 18, 2023.
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