FUNDING APPROVAL AND HOME INVESTMENT PARTNERSHIPS AGREEMENTFunding ApprovaUAgreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI -00515R of 20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424)
Clearwater
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
PO Box 4748
Clearwater, FL 33758-4748
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program
OMB Approval No. 2506-0193
exp 1/31/2025
3a. Grantee's 9 -digit Tax ID Number
596000289
4. Date use of funds may begin
10/1/2022
3b. Grantee's 9 -digit DUNS Number
SG2DQRMWJYL6 (UEI)
5a. Project/Grant No. 1
B -22 -MC -12-0002
5b. Project/Grant No. 2
6a. Amount Approved
$897,475
6b. Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute
part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -
recipient entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Larry T. Hayes, MBA, CPD Director
Grantee Name (Contractual Organization)
Clearwater (City of Clearwater)
Title
Community Planning and Development Director
Title
Jon P. Jennings, City Manager
Signature DN.CH. LARRY C.e9,.dby: LARRY NAPES
DN: cNDate
t D.U.6.DomrenenlDU-
,.-` 0 U.S. edHaeiq end Wben
X M
(mm/dd/yyyy)
10/26/2022
Signature
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Date(mm/ddlyyyy)
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7. Category of Title I Assistance for this Funding Action:
Entitlement, Sec 106(b)
8. Special Conditions
(check one)
0 None
9a. Date HUD Received Submission
07/29/2022
10. check
one
Orig. Funding
Approval
Amendment
Amendment Number
e a.
9b. Date Grantee Notified
10/26/2022
e Attached
• b.
9c. Date of Start of Program Year
10/1/2022
11. Amount of Community Development
Block Grant
FY 2022
a. Funds Reserved for this Grantee
b. Funds now being Approved
$897,475
c. Reservation to be Cancelled
(11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved
N/A
12b. Name and complete Address of Pubic Agency
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive loan
guarantee assistance, and agrees to comply with the terms and conditions
of the Agreement, applicable regulations, and other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
12c. Name of Authorized Official for Designated Public Agency
Title
Signature
X
HUD Accounting use Only
Batch TAC Program Y A Reg Area Document No. Project Number Category
1
5
3
1
7
6
00 0
Y
Y
Project Numbe
Proiect Numbe
Date Entered PAS (mm/dd/yyyy)
Date Entered LOCCS (mm/dd/yyyy)
Batch Number
Amount
Amount
Amount
Transaction Code
Entered By
Effective Date
(mm/dd/yyyy) F
Verified By
24 CFR 570
form HUD -7082 (5/15)
8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance
specified in the Funding Approval ("Funding Assistance") shall each begin on the
date specified in item 4 and shall each end on September 1, 2029. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2029.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the rate(s)
described in the schedule. The schedule and any revisions HUD receives from the
Recipient shall be incorporated herein and made a part of this Agreement, provided
that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used per
2 CFR §200.414(0), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall
comply with requirements established by the Office of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Universal Numbering System
(DUNS); the System for Award Management (SAM.gov.); the Federal Funding
Accountability and Transparency Act as provided in 2 CFR part 25, Universal
Identifier and General Contractor Registration; and 2 CFR part 170, Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use. For the purposes of this
requirement, public use shall not be construed to include economic development
that primarily benefits private entities. Any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related, communication -
related, water- related and wastewater -related infrastructure), other structures
designated for use by the general public or which have other common -carrier or
public -utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell, trade, or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non -Federal considerations, but must use such funds for activities
eligible under title I of the Act.
(f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of
this agreement, no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order (E.O.) 12372,
Intergovernmental Review of Federal Programs, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures required under E.O. 12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O. 12372 and implementing regulations.
(g)
CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements." (Source -
P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015,
Division K, Title II, Community Development Fund).
Funding Approval and HOME
Investment Partnerships Agreement
Title II of the National Affordable Housing Act
Assistance Listings#14.239 - HOME Investment Partnerships Program
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
1. Grantee Name (must match the name associated with 3b.) and
Address
Clearwater
PO Box 4748
Clearwater, FL 33758-4748
2. Grant Number (Federal Award Identification Number (FAIN))
M22 -MC 120230
3a Tax Identification Number
596000289
3b. Unique Entity Identifier (formerly DUNS)
SG2DQRMWJYL6
4. Appropriation Number
862/50205
5. Budget Period Start and End Date
FY 2022 through FY 2030
6.
Previous Obligation (Enter "0" for initial FY allocation)
$0.00
a. Formula Funds
$
b. Community Housing Development Org. (CHDO) Competitive
$
7.
Current Transaction (+ or -)
$509,528.00
a. Formula Funds
$509,528.00
1. CHDO (For deobligations only)
$
2. Non- CHDO (For deobligations only)
$
b. CHDO Competitive Reallocation or Deobligation
$
8.
Revised Obligation
a. Formula Funds
$
b. CHDO Competitive Reallocation
$
9.
Special Conditions (check applicable box)
10. Federal Award Date (HUD Official's Signature Date)
10/26/2022
0 Not applicable ■ Attached
11. Indirect Cost Rate'
Administering Agency/Dent.
Indirect Cost Rate
%
%
Direct Cost Base
12. Period of Performance
Date in Box #10 - 09/01/2030
If funding assistance will be used for payment of indirect costs pursuant to 2 CFR
200, Subpart E -Cost Principles, provide the name of the department/agency, its
indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and
the direct cost base to which the rate will be applied. Do not include cost rates for
subrecipients.
This Agreement between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority of the HOME Investment Partnerships
Act (42 U.S.C. 12701 et seq.). The Grantee's approved Consolidated Plan submission/Application, the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be
amended from time to time) and this HOME Investment Partnership Agreement, form HUD -40093, including any special conditions, constitute part of this Agreement. Subject to the
provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Grantee upon execution of this Agreement by the parties. All funds for the
specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Grantee's execution of the
amendment or other consent. HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting
procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds
previously awarded to the Grantee without the Grantee's execution of the amendment or other consent The Grantee agrees that funds invested in affordable housing under 24
CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Grantee agrees to assume
all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations, as may be amended from time to time. Where
any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations, activities carried out under the
grant after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments.
The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award
Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170.
The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1'r of the 5"' fiscal year after the expiration of the
period of availability for obligation. Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C. 1552.
The grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance.
13. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. Signature o a'Gov•orimt.• LA"""a 15. Date
Larry T. Hayes, MBA Director Community Planning and Development X`°y ='4Omlopileft, me of unter.oft 10/26/2022
Kamp and 00.1.
Vf rf NI M111.4 JUT'
16. For the Grantee (Name and Title of Authorized Official) 17. gnature 18. Date
C.Z.P. , it 1y 2e)23 -
Jon P. Jennings, City Manager
19. Check one:
® Initial Agreement
20. Funding Information: HOME
Source of Funds
2022
2021
2020
2013
❑ Amendment #
Appropriation Code
86 2/5 0205
861/40205
860/30205
86 X 0205-13
PAS Code
HMF (L)
HMF (J)
HMF (H)
HMC (0)
Amount
$507,498.00
$1,120.00
$ 465.00
$ 445.00
Page 1
form HUD -40093
Director Denise Sanderson
City of Clearwater
Economic Development and Housing Dept
Post Office Box 4748
Clearwater, FL 33758-4748
Dear Director Sanderson:
U. S. Department of Housing and Urban Development
Jacksonville Field Office
Charles Bennett Federal Building
400 West Bay Street
Suite 1015
Jacksonville, Florida 32202-4439
SUBJECT: FY22 Grant Agreement Transmittal Letter
The Jacksonville Florida Field Office would like to thank you for your continued partnership
in providing quality affordable housing, a suitable living environment, and expanding economic
opportunities for low -and moderate -income persons through HUD programs. On Thursday, June
10, 2021, the Department published an interim final rule with a request for comments, titled:
Requesting Affirmatively Furthering Fair Housing Definitions and Certifications (86 Fed Reg
30779). The effective date for the interim rule is July 31, 2021, and you are encouraged to
review the interim rule in developing your programs. Enclosed are the Grant Agreements for the
following programs:
Community Development Block Grant Program (CDBG)
HOME Investment Partnerships (HOME)
Total FY 2022 Award
$897,475
$509,528
$1,407,003
Transmittal of these Grant Agreements does not constitute approval of the activities
described in your Consolidated Plan. You are reminded that you, as grantee, are responsible for
ensuring that all grant funds are used in accordance with all program requirements. An executed
Grant Agreement is a legally binding agreement between the Department of Housing and Urban
Development and City of Clearwater.
To establish a Line of Credit for Fiscal Year 2022 grants, it will be necessary for your agency
to sign, execute and return one (1) copy of the Grant Agreements. If there is a need to add or
remove individuals authorized to access the Integrated Disbursement Information System (IDIS),
please submit an IDIS Online Access Request Form (HUD 27055). Also, please ensure the IDIS
Online Access Request Form is notarized and returned to this office with your Grant
Agreements. Additionally, if there is a need to establish or change the depository account where
these funds are to be wired, a Direct Deposit Sign -Up form (SF -1199A) must be completed by
your financial institution and returned to this office with a copy of a voided check.
In accordance with the HOME regulations at 24 CFR 92.254(a)(5), a Participating
Jurisdiction (PJ) must establish resale and/or recapture requirements that comply with the
standards of the regulation. Furthermore, the resale and/or recapture requirements must be set
HUD's mission is to create strong, sustainable, inclusive communities and
quality, affordable homes for alL
www.hud.gov espanol.hud.gov
forth in the PJ's Consolidated Plan. HUD must determine if the PJ's provisions comply with the
requirements of the regulations and notify the PJ in writing of its determination.
HUD has reviewed City of Clearwater's resale and/or recapture provisions and has determined
that the provisions included in the Plan complies with the requirements at 24 CFR 92.254(a)(5).
If applicable, please note the special condition in your CDBG Funding Approval/Agreement.
You are reminded that certain activities are subject to the provisions of 24 CFR Part 58
(Environmental Review Procedures). Funds for such activities may not be obligated or
expended until HUD has approved the release of funds in writing. A request for release of funds
(RROF) must be accompanied by an environmental certification, and until the RROF is approved
and notification is received, no HUD funds should be committed. If the project or activity is
exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no
RROF is required.
On November 15, 2021, the Build America, Buy America Act (the Act) was enacted as part
of the Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58. The Act establishes a
domestic content procurement preference, the BAP, for Federal programs that permit Federal
financial assistance to be used for infrastructure projects. In Section 70912, the Act further
defines a project to include "the construction, alteration, maintenance, or repair of infrastructure
in the United States" and includes within the definition of infrastructure those items traditionally
included along with buildings and real property. Starting May 14, 2022, new awards of Federal
financial assistance from a program for infrastructure, and any of those funds obligated by the
grantee, are covered under the Build America, Buy America (BABA) provisions of the Act, 41
U.S.C. 8301 note. While HUD currently has a waiver of the application of the BAP through
HUD's Notice, "General Applicability Waiver of Build America, Buy America Provisions as
Applied to Recipients of HUD Federal Financial Assistance" (87 FR 26219), HUD will begin
requiring compliance with BAP for all new funds obligated on or after November 14, 2022,
unless covered by a subsequent waiver. Additional details on fulfilling the BABA requirements
can be found at https://www.hud.gov/program_offices/general_counselBABA and will be
provided by HUD prior to the expiration of the waiver and full implementation of BABA.
Please execute two (2) copies of the CDBG and HOME Funding Approval/Agreements with
electronic signature/s. In response to COVID-19, HUD authorizes you to electronically execute
the grant agreement/s with your electronic signature. Return one (1) of each of the agreements to
this office to the attention of Thomas Bilodeau, Community Planning and Development Program
Manager at Thomas.Bilodeau@hud.gov. Please ensure the Chief Elected Official and/or
authorized designee electronically signs the CDBG grant agreement in the box directly across
from the HUD CPD Director's signature. The CDBG Funding Approval/Agreement should not
be electronically signed in box 12c. Maintain a copy of each of the agreement/s with your
original signature/s on site in your program files.
For additional information and guidance on grant -based accounting, please refer to the HUD
Exchange at: https://www.hudexchange.info/manage-a-program/grant-based-accounting/.
HUD congratulates the City of Clearwater on its grant award, and we look forward to
assisting you in accomplishing your programs goals. If you have any questions or need further i
nformation or assistance, please contact Anita DeSilva, CPD Representative at (904) 208- 6071
or Anita.D.Desilva@hud.gov.
Sincerely,
/77h
Digitally signed by: LARRY
HAYES
DN: CN = LARRY HAYES C =
USO = U.S. Government OU =
Deparonent of Homing and
Urban Development, Office of
Community Planning and
Development
Date: 2022.10.26 16:05:14-
04'00'
Larry T. Hayes, MBA,
Director
Community Planning and Development
Enclosures: FY2022 CDBG and HOME Grant Agreements and Special Conditions
Gomez, Irin
From: Hart, Kashana M <Kashana.M.Hart@hud.gov>
Sent: Wednesday, November 9, 2022 10:39 AM
To: Sanderson, Denise; Lane, Charles; Malcolm -Smith, Terry; Gomez, Irin; Douglas, Brenda;
Grande, Kara; Parra, Gabe; Perez, Dania
Bilodeau, Thomas N; Desilva, Anita D; Hart, Kashana M
Clearwater FY2022 grant agreements - Please sign and return
CLEARWATER CDBG FY22.pdf signed LTH.pdf; CLEARWATER HOME FY22.pdf signed
LTH.pdf; CLEARWATER 2022 Transmittal Letter.pdf signed LTH.pdf
Cc:
Subject:
Attachments:
Importance:
High
Hi Good day,
Attached to this email are the FY2022 grant agreements.
Please sign in the box NEXT TO the director's signature and return this document to me; cc your HUD Rep.
Respectfully,
Kashana Hart
JAX HUD Analyst
1