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COMMUNITIY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENTCOMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND THE KIMBERLY HOME, INC. THIS CDBG AGREEMENT (hereinafter the "Agreement") is made and entered into by and between the City of Clearwater, a Florida municipal corporation, with a principal address of P.O. Box 4748, Clearwater, Florida 33758, (hereinafter referred to as the "City"), and The Kimberly Home, Inc., a Florida non-profit corporation, with a principal address of 1189 NE Cleveland Street, Clearwater, FL 33755 (hereinafter referred to as "The Kimberly Home" or "Subrecipient"). WITNESSETH: WHEREAS, the Community Development Block Grant Program ("CDBG") is administered by the United States Department of Housing and Urban Development ("HUD"); WHEREAS, the City is an entitlement community that receives CDBG funds awarded under the Housing and Community Development Act of 1974, in furtherance of its goal of promoting community development and improvement of public facilities, as further detailed in the Consolidated Plan for Housing and Community Development Programs 2020/2021-2024/2025; WHEREAS, The Kimberly Home is a private non-profit corporation that provides support for pregnant and parenting women, children, and families; WHEREAS, The Kimberly Home submitted a proposal to utilize $25,000.00 in FY 2022-2023 CDBG funds to enable The Kimberly Home to provide salary support for a Resident Advisor to support the Transitional Housing Program; WHEREAS, these services are an eligible activity under the CDBG program in accordance with 24 CFR §570.201(e). It is a limited clientele activity and meets a national objective as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2); WHEREAS, The Kimberly Home has available the necessary qualified personnel, facilities, materials, and supplies to perform such services and/or carry out such programs for these residents, who are eligible and qualified to receive said services and are within the income limits for low- and moderate -income persons as defined by HUD and adjusted annually, and which current income levels are attached hereto as Exhibit A and incorporated herein by reference. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby acknowledged, the City and The Kimberly Home agree as follows: SECTION 1: SCOPE OF SERVICES AND USE OF FUNDS 1. Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2. National Objectives and Use. Subrecipient certifies that the activities carried out with the funds provided under this Agreement will meet the CDBG program national objective of benefiting low- and moderate -income persons as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2). FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 1 of 40 3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a subaward to Subrecipient in the amount of TEN THOUSAND FOUR HUNDRED SIXTY-TWO AND 00/100 DOLLARS ($10,462.00) in FY 2022-2023 CDBG funds toward the project, as defined below. Pursuant to 2 CFR §200.332, the required subaward information is attached as Exhibit B. Any funds remaining unexpended or not disbursed to The Kimberly Home by the City as of the termination date of this Agreement may be deobligated from this Agreement and made available for other City projects as determined by the City. 4. Statement of Work/Program and Project Description. Subrecipient provides support for pregnant and parenting women, children, and families. The subrecipient will utilize funds for salary support for a Resident Advisor to support the Transitional Housing Program that will benefit 30 low- to moderate -income City of Clearwater residents according to HUD income guidelines attached hereto as Exhibit A (hereinafter referred to as the "Project"). Additional requirements for the Project are attached hereto as Exhibit C and made a part hereof by this reference. The Budget for this Project is attached as Exhibit D and made a part hereof by this reference. 5. Goals and Performance Measures: Implementation Schedule. Subrecipient agrees to work diligently toward the completion of the Project and complete the Project by September 30, 2023. By April 1, 2023, at least 50% of the grant award shall have been requested. If less than 50% of the funds have been expended, the City will review Subrecipient's progress and its inability to meet this 50% grant expenditure rate as a performance indicator and it will factor into the City's determination of non-compliance. HUD requires the City to timely spend its CDBG funds. Therefore, it is critical that Subrecipient complies with these time deadlines. Time is of the essence. Subrecipient's failure to work diligently toward timely completing the Project and incidents of non-performance may result in conditions being placed on the grant funds, suspension of grant funds, or the City may cease disbursing funds pursuant to this Agreement so that the City can reallocate the funds for other uses or projects. 6. Performance Monitoring. The City will monitor Subrecipient's performance against goal and performance standards and compliance with the terms of this Agreement as required herein. Further monitoring requirements are set forth in Section II herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within thirty (30) days after being notified by the City, the City will terminate this Agreement and all funding will end. Subrecipient must return any CDBG funds within five (5) days of the Economic Development and Housing Department Director's or Assistant Director's written request. 7. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible expenses permitted under the CDBG regulations as set forth in 24 CFR Part 570 and in accordance with the Budget attached hereto as Exhibit D and made a part hereof by this reference. Any changes in budget line items, including additions, must be requested in writing and must be approved in writing by the Economic Development and Housing Department Director or Assistant Director before related expenditures can be undertaken. Subrecipient shall be responsible for any cost overruns above the grant amount of $10,462.00. Subrecipient shall not use any CDBG funds for prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any requests for reimbursement to verify the reasonableness and validity of such costs and said Budget may be modified by the City accordingly. Subrecipient acknowledges and agrees that any funds not used in accordance with permitted CDBG regulations and the Budget must be repaid to the City. 8. Term. This Agreement shall be in effect for the period commencing October 1, 2022 and terminating on September 30, 2023. Costs may not be incurred after September 30, 2023. Notwithstanding anything FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 2 of 40 herein to the contrary, Subrecipient's obligations to the City shall not end until all closeout requirements are completed including, but not limited to, such things as making final payments, disposing of program assets, and retention of records. Also, notwithstanding the foregoing, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including Program Income or for any HUD audits requiring repayment of any funds unlawfully spent under this Agreement. SECTION II: ADMINISTRATIVE REQUIREMENTS 1. Applicable Laws and Regulations. Subrecipient shall comply with the requirements of the Housing and Community Development Act of 1974, as amended, all CDBG program requirements, 24 CFR Part 570, and other laws and regulations and regulatory guidance governing the use of these funds, whether set forth herein or not, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. It is Subrecipient's responsibility to read, understand, and comply with these laws and regulations. In addition, Subrecipient shall abide by any and all other applicable federal or state laws, rules, regulations, HUD guidance, and policies governing the funds provided under this Agreement, whether presently existing or hereafter promulgated. Subrecipient shall also comply with all other applicable federal, state, or local laws, statutes, ordinances, rules and regulations. 2. Uniform Administrative Requirements and Cost Principles. Subrecipient shall comply with the uniform administrative requirements specified at 24 CFR §570.502 and §570.610. Subrecipient also agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements set forth in 2 CFR Part 200 and adopted by HUD at 2 CFR Part 2400. Although 2 CFR Part 200 addresses many requirements, some of the items it addresses includes, but is not limited to, standards for financial and program management, property and procurement standards, performance and financial monitoring and reporting, subrecipient monitoring and management, record retention and access, remedies for noncompliance, FFATA and closeout. Subrecipient is aware and acknowledges that 2 CFR Part 200 and 2 CFR Part 2400 are recent regulatory changes to the administrative requirements and HUD is in the process of developing guidance on their specific requirements. Although this may change the administrative requirements set forth herein, Subrecipient will comply with whatever guidance HUD requires. Subrecipient also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, maintain necessary source documentation for all costs incurred, and submit an indirect cost allocation plan, if such plan is required. Subrecipient also agrees to comply with the Program Requirements set forth in Exhibit E which is attached hereto and incorporated herein by this reference. 3. Procurement/Subcontracting/Third-Party Contracts. If Subrecipient hires contractors, Subrecipient shall procure all material, property, or services in accordance with state and local requirements and the requirements of 2 CFR §§200.318-200.327. Third parties may be procured for a variety of services. Subrecipient shall ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair, full, and open competition basis in accordance with applicable procurement requirements and secure at least three (3) price quotes or bids, as applicable. Subrecipient shall incorporate in any and all bid documents and contracts with third parties the provisions required in 2 CFR §200.327 and Appendix II to Part 200, including, but not limited to, provisions which will obligate each of its subcontractors to comply with all notices pertaining to HUD guidelines such as bidding procedures, Davis Bacon, Equal Employment Opportunity requirements, Section 3 requirements, all affirmative action laws, nondiscrimination requirements, anti -kickback requirements, federal labor standard provisions, and lobbying prohibitions issued by various federal agencies applicable to the CDBG program. Subrecipient shall not enter into any subcontract with any entity, agency, or individual in the performance FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 3 of 40 of this Agreement without the written consent and approval of the City's Economic Development and Housing Department prior to execution of the agreement or contract. Subrecipient agrees to furnish to the Economic Development and Housing Department a copy of each third -party contract it enters into an agreement with for the performance of work to be undertaken within the scope of this Agreement along with documentation concerning the selection process. The lowest and most responsive bidder shall be recommended by Subrecipient to the City's Economic Development and Housing Department. Subrecipient shall require and monitor compliance by all contractors, subcontractors, and other third parties. Subrecipient will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in the monthly report. The City shall not be obligated or liable hereunder to any party Subrecipient enters into agreements with for the Project. 4. Records to be Maintained. Subrecipient shall maintain all records required by 2 CFR Part 200, 24 CFR §570.506, and 24 CFR §570.502 regarding records that must be maintained for the Project. Such records shall include but are not limited to: a) Records providing a full description of each activity undertaken and its CDBG eligibility, including its location, and the amount of CDBG funds budgeted, obligated, and expended for the activity; b) Records demonstrating that each activity undertaken meets one of the national objectives of the CDBG program (i.e. the criteria set forth in 24 CFR §570.208); to support activities by a limited clientele, Subrecipient must obtain data showing the family size and annual income of each person receiving the benefit and that at least 51% of those served are low- and moderate -income persons; c) Records required to determine the eligibility of activities; d) Records for each activity carried out for the purpose of providing or improving services and programs which is determined to benefit low- and moderate -income persons including the total cost of the activity, including both CDBG and non-CDBG funds and the size and income and eligibility of each person or household; e) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; f) Records that demonstrate compliance with the requirements in 24 CFR §570.505 regarding any change of use of real property acquired or improved with CDBG assistance; g) Records that demonstrate compliance with citizen participation requirements; h) Records that demonstrate compliance with requirements in 24 CFR §570.606 regarding acquisition, displacement, relocation, and replacement housing; i) Records documenting compliance with all Fair Housing and Equal Opportunity regulations; j) Financial records that document all transactions and that can be properly documented and audited, as required by 24 CFR §570.502 and 2 CFR Part 200; k) Records and agreements related to lump sum disbursements to private financial institutions for financing rehabilitation as prescribed in 24 CFR §570.513; I) Other records necessary to document compliance with Subpart K of 24 CFR Part 570; FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 4 of 40 m) Copies of all bid documents, bids received, Requests for Proposals, Requests for Qualifications, and any other procurement documents; n) Copies of all third -party or subcontracts; and o) Detailed records of Subrecipient's organization, financial and administrative systems, and the specific CDBG-funded project or activities. Please note that the above descriptions are brief and provide only a summary of the records Subrecipient is required to maintain. Subrecipient agrees to consult 2 CFR Part 200 and 24 CFR §570.506 for a detailed description of the required records. 5. Retention of Records. All records must be accurate, complete and orderly. Subrecipient shall retain all accounting records, financial records, statistical records, supporting documents, source documentation to support how CDBG funds were expended, and all other documents pertinent to the Project and this Agreement in accordance with the requirements of 2 CFR Part 200 as modified by 24 CFR §570.502, plus a five (5) -year retention period. This retention period begins on the date of the submission of the City's Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, 2 CFR §200.334 states that Subrecipient may need to keep the records for longer if they fall into one of the following exceptions: if any records are the subject of any litigation, claim, or audit that started before the expiration of the five (5) -year period, then such records must be kept until such litigation, claims, or audit findings have been resolved, completed and final action taken; records for any displaced person must be kept for five (5) years after he/she has received final payment; records for any real property and any equipment acquired with these funds shall be retained for five (5) years after final disposition; if Subrecipient is notified by the City, HUD, its cognizant agency for audit, its oversight agency for audit, its cognizant agency for indirect costs, or the City to extend the retention period; records for program income after the period of performance; and indirect cost rate proposals and cost allocation plans. 6. Monitoring and Inspections/Access to Records. Subrecipient shall monitor the progress of the Project covered by this Agreement and shall submit appropriate reports to the City. The City shall monitor Subrecipient's performance and financial and programmatic compliance. Subrecipient shall allow on-site monitoring of the Subrecipient's facility and this Project on as frequent a basis as the City deems necessary and at any other time that may be required by HUD to determine compliance with CDBG regulations and this Agreement. Subrecipient shall also furnish and cause each of its own subcontractors, if any, to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD, or any other authorized official or designee for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein. All files, records, and documents, including financial statements and data, shall be made available for review to the City's Economic Development and Housing Department, any auditors, the City's Office of Internal Audit, Comptroller General, HUD, the Inspector General, and/or any of their authorized representatives, who shall have access to and the right to audit, examine, inspect, make transcripts or excerpts of any of the above records, documents, or papers related to the Project or to meet any HUD requirements during normal business hours and any other reasonable time requested. This right also includes timely and reasonable access to Subrecipient's personnel for the purpose of interviewing and discussion related to said documents. This same right to review and access will be imposed upon any third party or subcontractor and it is Subrecipient's responsibility to ensure that any contract entered into FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 5 of 40 with third parties contain all necessary clauses and language required by the City and/or HUD to ensure compliance with this Agreement and with all federal, state, and local laws and regulations. This section shall survive termination of this Agreement. 7. Audits and Financial Statements. a) Subrecipient shall comply with 2 CFR Part 200 Subpart F — Audits. In accordance with 2 CFR §200.510, Subrecipient shall prepare financial statements and a schedule of expenditures of federal awards. Subrecipient shall provide the City with its annual financial statement within ninety (90) days of the end of its operating year. This financial statement shall be prepared by an actively licensed public accountant. b) In addition, if expending more than $750,000 of Federal awards during an operating year, Subrecipient shall comply with the audit provisions contained in 2 CFR 200 Subpart F and the Single Audit Act Amendments of 1996 (31 U.S.C. §§7501-7507). Audits shall be conducted annually. Subrecipient shall submit its annual audit to the City and within one hundred twenty (120) days of the end of Subrecipient's fiscal year. Subrecipient must clear any deficiencies noted in the audit reports within thirty (30) days after receipt of any noted deficiencies. 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, Subrecipient shall be held liable for reimbursement to the City of all funds not expended in accordance with those regulations and Agreement provisions within thirty (30) days after City has notified Subrecipient of such non-compliance. Any reimbursement by Subrecipient shall not preclude the City from taking any other action or pursuing other remedies. Failure to comply with these audit requirements constitutes a violation of the Agreement and may result in the withholding of future payments. If Subrecipient expends less than $750,000 in federal awards during its fiscal year, they are exempt from this requirement, except as noted in 2 CFR §200.503, but records must be available for review or audit by appropriate officials of HUD, the City, or GAO. c) Subrecipient also agrees to allow the City's Internal Audit Department, or any of the City's other departments or representatives, to conduct any audits or financial monitoring the City feels necessary at any time during the term of this Agreement or pursuant to any HUD request. Subrecipient shall provide written confirmation to City highlighting the status of actions planned or taken to address Single Audit findings of deficiencies related to the subaward provided for hereunder in accordance with 2 CFR §200.332(d)(2). 8. Program Income. Subrecipient shall report all Program Income, as defined and required at 24 CFR §570.500 and 24 CFR §570.504, in a monthly report to the City's Economic Development and Housing Department. Documentation of the receipt of Program Income, such as supporting schedules identifying the project and the source of income, must be submitted to the City within five (5) days of its receipt. At the end of the program year or upon expiration or earlier termination of this Agreement, Subrecipient shall transfer all CDBG Program Income to the City within five (5) days of the expiration or termination of this Agreement. If Subrecipient receives any Program Income after this Agreement expires or is terminated, Subrecipient shall immediately remit said Program Income balances to the City as required in 24 CFR §570.503 within five (5) days of receipt. If applicable, Subrecipient shall file reports of Program Income as set forth in the below section entitled "Reports." 9. Reports. Subrecipient shall file reports in accordance with the Reporting Schedule attached as Exhibit F. Subrecipient shall provide the City's Economic Development and Housing Department with monthly, quarterly, and annual reports concerning the progress made on the Project, in the City's Subrecipient FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 6 of 40 Portal of Neighborly Software. The report and its supporting documentation shall include the following information: 1) name and address of each client served; 2) narrative statement of the services provided to each client; selection of any contractors, utilization of MBE/WBEs, and 3) such other information as may be considered appropriate by the City, such as client data demonstrating client eligibility including, but not limited to, ethnicity, race, gender, age, head of household, income level, or other basis for determining eligibility. Subrecipient shall also file a Timesheet Activity Report for personnel activities including but not limited to duties performed and time allocated in the form attached hereto as Exhibit G, or on such forms provided by the City. Subrecipient shall also file and report on such other information as may be considered appropriate by the City. The monthly report shall be due on the 10th of each month for activities conducted during the preceding month. The quarterly reports are due the 10th day of the month following the end of the quarter for March, June, September, and December. Annual reports are due by October 10, 2023 for activities conducted during the preceding year (Example: October 1, 2022 — September 30, 2023). 10. Reversion of Assets. The reversion of assets and use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR §200.311 and §200.313, 24 CFR §570.502, §570.503, §570.504, and §570.505, as applicable, which include but is not limited to the following: a) Subrecipient shall transfer to the City any CDBG funds or Program Income on hand at the time of expiration or termination of this Agreement and any accounts receivable attributable to the use of CDBG funds as required by 24 CFR §570.503(b)(7); and b) If this Agreement involves real property under Subrecipient's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000, then the real property: (1) shall continue for a period of five (5) years following the expiration of this Agreement to be used to meet one of the CDBG national objectives cited in 24 CFR §570.208; or (2) if Subrecipient fails to use the property in accordance with paragraph (a) above, Subrecipient shall pay the City an amount equal to the current fair market value of the property Tess any portion of the value attributable to expenditures of non-CDBG funds for the acquisition or improvement to the property. The payment shall be considered Program Income to the City. 11. Indirect Costs. If applicable and requested by the City, Subrecipient shall develop an indirect cost allocation plan in accordance with 2 CFR Part 200 for determining the appropriate share of administrative costs and shall submit such plan to the City for approval in a form specified by the City. This indirect cost allocation plan must be submitted before any funds will be disbursed under this Agreement. 12. Payment Procedures/Reimbursement of Funds. This is a cost reimbursement agreement. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget, attached hereto as Exhibit D and for which Subrecipient has made payment. Upon compliance with the terms of this Agreement, the City will reimburse funds only after completion of the work and after receipt and approval by appropriate City personnel of the Draw Request (to be submitted in the City's Subrecipient Portal of Neighborly Software). Draw Requests shall be submitted no more frequently than once a month and shall be in accordance with the Budget specifying the services performed and expenses incurred. Upon compliance with the terms of this Agreement, the City will reimburse funds to Subrecipient for the Project after the completion of the work has been verified and approved by the Economic Development and Housing Department and after receipt and approval by FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 7 of 40 appropriate City personnel of a Draw Request which shall be in accordance with the Budget specifying the expenses incurred. All Draw Requests must be accompanied by adequate billing documentation of payment for eligible expenses (i.e. invoices, costs, receipts, bills from vendors, copies of checks, lien waivers, affidavits, applications, certifications, timesheets) and other supporting documentation the City may request. Draw Requests shall include adequate documentation of expenditures and all other information described in Exhibits E -G, attached hereto and incorporated herein by reference. No interest shall be earned on grant proceeds. All Draw Requests submitted to the City must be submitted by an authorized signatory of Subrecipient and certified in accordance with 2 CFR §200.415. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any Draw Requests to verify the reasonableness and validity of such costs and such Budget may be modified by the City accordingly. Notwithstanding anything herein to the contrary, Subrecipient shall not request payment from the City under this Agreement for any portion which has been paid from another source of revenue and further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 13. Withholding Payments. The City's obligation to reimburse Subrecipient is conditioned on Subrecipient's full compliance with this Agreement. A breach of this Agreement is grounds for non-payment by the City. SECTION III: DISPLACEMENT, RELOCATION, ACQUISITION, AND REPLACEMENT OF HOUSING 1. Displacement, Relocation, Acquisition and Replacement of Housing. In accordance with 24 CFR §570.606, Subrecipient shall take all reasonable steps to minimize the displacement of persons as a result of activities funded under this Agreement. Any persons displaced shall be provided with relocation assistance to the extent permitted and required under applicable regulations. Subrecipient shall comply with 1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601 et seq. (URA, Uniform Act) and the implementing regulations at 49 CFR Part 24 and 24 CFR §570.606(b); 2) the requirements of 24 CFR §570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act; and 3) the requirements in 24 CFR §570.606(d) governing relocation policies established by the City. Subrecipient shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by said regulations, rules, and documents. Subrecipient shall provide relocation assistance to persons (families, individuals, businesses, nonprofit organizations, and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion of a CDBG-assisted project. Subrecipient shall comply with 24 CFR §570.606 and shall keep all records demonstrating compliance with these requirements including, but not limited to, those records required in 24 CFR §570.506. SECTION IV: PERSONNEL AND PARTICIPANT CONDITIONS 1. Nondiscrimination. Subrecipient shall always comply with Sections 104(b), 107, and 109 of the Housing and Community Development Act of 1974, as amended, and 42 U.S.C. §5309, et seq., 24 CFR §570.602, and 24 CFR Part 6. In accordance with Section 109 of the Housing and Community Development Act of 1974, no person in the United States shall on the ground of race, color, national origin, religion, 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 CDBG funds. Subrecipient shall also comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.) (Nondiscrimination in Federally Assisted FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 8 of 40 Programs) and implementing regulations in 24 CFR Part 1. Title VI provides that no person in the United States shall on the grounds of race, color or national original be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. HUD's Title VI regulations specify types of prohibited discrimination. Subrecipient must not, for example, based on race, color, or national origin deny a person housing or services; provide different housing or services than those provided others; subject a person to segregation or separate treatment in the receipt of housing or services; use different admission or eligibility requirements for housing or services; or select a housing site or location with the purpose or effect of excluding or denying benefits to persons in protected classes. Subrecipient shall also not discriminate based on age under the Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.) and the implementing regulations contained in 24 CFR Part 146, or based on disability as provided in Section 504 of the Rehabilitation Act of 1973, and the implementing regulations contained in 24 CFR Part 8. Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records and documentation demonstrating compliance with these regulations. 2. Equal Employment Opportunity. Subrecipient shall comply with 24 CFR §570.607, Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (Equal Employment Opportunity Programs), and Executive Order 13279 (Equal Protection of the Laws for Faith Based Community Organizations) and the implementing regulations in 41 CFR Part 60, and the provisions of the Equal Employment Opportunity Clause attached hereto as Exhibit H, and made a part hereof by this reference. Any contracts or subcontracts entered into by Subrecipient or its contractors shall also require compliance with these regulations and will, in all solicitations or advertisements for employees state that Subrecipient is an Equal Opportunity/Affirmative Action employer and attach this clause. Subrecipient shall keep records and documentation demonstrating compliance with these regulations. 3. Handicapped Accessibility Requirements. Subrecipient shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157), the Uniform Federal Accessibility Standards, as set forth in 24 CFR §570.614, the Americans with Disabilities Act of 1990 (42 U.S.C. §12131) and its implementing regulations in 28 CFR Parts 35 and 36, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations in 24 CFR Part 8, and all state and local laws requiring physical and program accessibility to people with disabilities. Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records demonstrating compliance with these regulations. 4. Utilization of MinoritylWomen's Business Enterprises. Subrecipient must take all necessary steps to ensure that minority/women's business enterprises are used when possible, including for consideration for participation in all construction, supply, or service contracts or in the performance of this Agreement. Affirmative steps include those items required in 2 CFR §200.321 which include 1) placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; 3) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) establishing delivery schedules where the requirement permits which encourage participation by small and minority businesses, and women's business enterprises; 5) using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6) requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in 1-5. Subrecipient shall also comply with Executive Order 11625, as amended by Executive Order 12007 (Minority Business Enterprises); Executive Order 12432 (Minority Business Enterprise Development); and Executive Order 12138, as amended by FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 9 of 40 Executive Order 12608 (Women's Business Enterprise). Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records demonstrating compliance with this provision. 5. Political Activities. Subrecipient shall comply with 24 CFR §570.207(a)(3) regarding political activities. CDBG funds shall not be used for lobbying or political patronage activities. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent be engaged in the conduct of political activities in violation of Chapter 15 of Title V, United States Code (Hatch Act) or 24 CFR §570.207(a)(3). 6. Anti -Lobbying Provision. Subrecipient shall comply with the requirements set forth in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87. Subrecipient and any contractors who apply or bid for an award of $100,000 or more shall execute and comply with the "Certification Regarding Lobbying" attached hereto as Exhibit I and made a part hereof by this reference. Subrecipient shall execute the "Certification Regarding Lobbying" and a copy shall be kept in the files of each of the parties of this Agreement. 7. Conflict of Interest. In the procurement of supplies, equipment, construction, and services, Subrecipient shall comply with the conflict of interest rules in 2 CFR Part 200. Subrecipient agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of interest and the performance of its officers, employees, or agents engaged in the selection, award and administration of contracts supported by these federal funds. At a minimum these safeguards must ensure that no employee, officer or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of Subrecipient must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. These standards of conduct must also provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Subrecipient. If Subrecipient has a parent, affiliate, or subsidiary organization, Subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. In all cases not governed by 2 CFR Part 200, Subrecipient shall comply with the conflict of interest provisions contained in 24 CFR §570.611. Such cases include the acquisition and disposition of real property and the provision of assistance by Subrecipient to individuals, businesses, and other private entities under eligible activities that authorize such assistance. Although this summary does not intend to replace 24 CFR §570.611, essentially this rule states that no "person" described in §570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds, or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. The "persons" covered in 24 CFR §570.611(c) include employees, agents, consultants, officers, or elected officials or appointed officials of the recipient or of any designated public agencies or of Subrecipients that are receiving CDBG funds. Subrecipient shall also keep records supporting requests for waivers of conflicts. Subrecipient will disclose in writing any potential conflicts of interest to the City. By executing this Agreement, Subrecipient covenants and certifies that none of its employees, officers, or agents described FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 10 of 40 in these regulations have any interest in this Agreement or the Property being rehabilitated or any other interest which would conflict in any manner with this Agreement or the performance of this Agreement. 8. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. Subrecipient 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. Subrecipient shall comply with the provisions of the "Section 3 Clause," attached hereto as Exhibit J and made a part hereof by this reference, and require all subcontracts to contain a copy of the Section 3 clause. Subrecipient shall also keep records demonstrating compliance with these regulations, including 24 CFR §570.506(g)(5). 9. Faith -Based Activities. Subrecipient shall comply with Executive Order 13279, 24 CFR §5.109 (Equal Participation of Religious Organizations in HUD Programs and Activities), and 24 CFR §570.200(j). Essentially, these regulations provide for the following: a) Equal treatment of program participants and program beneficiaries. (1) Program participants. Organizations that are religious or faith -based are eligible, on the same basis as any other organization, to participate in the CDBG program. Neither the Federal Government nor a State or local government receiving funds under the CDBG program shall discriminate against an organization based on the organization's religious character or affiliation. b) Separation of inherently religious activities. Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the program beneficiaries of the HUD -funded programs or services provided. c) Religious Identity. A religious organization that is a recipient or subrecipient of CDBG program funds will retain its independence, autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith -based organizations may use space in their facilities to provide CDBG-funded services, without removing or altering religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. d) Beneficiaries. An organization that participates in the CDBG program shall not in providing program assistance discriminate against a program beneficiary or prospective program beneficiary based on religion or religious belief. e) Structures. CDBG funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for explicitly religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 11 of 40 those structures are used for conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, new construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of the real property after the term of the loan or grant, or any change in use of the property during the term of the grant or loan, is subject to government -wide regulations governing real property disposition (2 CFR Part 200). 10. Drug -Free Workplace. Subrecipient will provide a drug-free workplace. Subrecipient shall comply with the Drug -Free Workplace Act of 1988 and implementing regulations in 2 CFR Part 2429 regarding maintenance of a drug-free workplace. Subrecipient shall complete and comply with the "Certification Regarding Drug -Free Workplace Requirements" attached hereto as Exhibit K and made a part hereof by this reference. Subrecipient shall ensure that the provisions of the clauses in Exhibit K are included in all third -party contracts, subcontracts, and purchase orders that exceed ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. Subrecipient will complete this certification and a copy shall be kept in the files of each of the parties of this Agreement. 11. Program Requirements. Subrecipient agrees to comply and carry out all its activities in accordance with the CDBG program requirements set forth in 24 CFR Part 570, Subpart K. 12. Fair Housing Act and Nondiscrimination and Equal Opportunity in Housing Under E.O. 11063. Subrecipient shall comply with the Fair Housing Act (42 U.S.C. §§3601-3620) and implementing regulations at 24 CFR Part 100; and Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing) and their implementing regulations in 24 CFR Part 107. Executive Order 11063 prohibits discrimination based on race, color, religion, or national origin or to be denied equal opportunity in housing or related facilities (i.e. housing, rental, leasing, sale, or other disposition of residential property). Subrecipient shall keep records demonstrating compliance with this provision. 13. Resident Aliens. Subrecipient shall comply with the requirements set forth in 24 CFR §570.613 regarding eligibility restrictions for certain resident aliens. 14. Debarment and Suspension. Subrecipient shall comply with the debarment and suspension requirements set forth in 24 CFR §570.609, which requires compliance with 24 CFR Part 5 and 2 CFR Part 2424. Subrecipient shall not enter into a contract with any person, agency, or entity that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 or 12689, "Debarment and Suspension," which is made a part of this Agreement by reference. In the event that Subrecipient has entered into a contract or subcontract with a debarred or suspended party, no CDBG funds will be provided as reimbursement for the work done by that debarred or suspended contractor or subcontractor. Subrecipient shall keep copies of the debarment and suspension certifications required by 2 CFR Part 2424 and a copy of the sheet documenting that the federal debarment list was checked. 15. Florida Statutes, Clearwater City Code, and Permits. Subrecipient agrees to comply with all laws of the State of Florida and the Clearwater City Code. In particular, Subrecipient shall comply with all licensing, registration, and other applicable laws and regulations governing their ability to administer the Program and the activities in the Project. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 12 of 40 16. Agreement Between City and HUD. Subrecipient agrees that it shall be bound by the standard terms and conditions used in the CDBG Agreement between the City and HUD, and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the conditions of this Agreement or subsequent to the execution of this Agreement by the parties hereto. 17. Fees for Use of Facilities. Reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges such as excessive membership fees, which have the effect of precluding low- and moderate -income persons from using the facilities, are not permitted. 18. Registration. Subrecipient agrees to maintain a current registration in the federal System for Award Management ("SAM") database (sam.gov) pursuant to the Federal Funding Accountability and Transparency Act (FFATA), P.L. 109-282, as amended by Section 6202(a) of P.L. 110-252 and the regulations implementing the Act at 2 CFR Part 25 and 2 CFR Part 170. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this Agreement. Subrecipient shall also complete and sign the affidavit attached hereto as Exhibit L in conjunction with its execution of this Agreement and provide any supporting documentation, if required. 19. Mandatory Disclosures — Violations of Federal Criminal Law. Subrecipient must disclose to the City all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.339, which includes suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. §3321). By executing this Agreement, Subrecipient warrants and certifies that no such violations of federal criminal law exist that could potentially affect this award. SECTION V: ENVIRONMENTAL 1. Environmental Review Requirements. In accordance with 24 CFR §570.604 and 24 CFR Part 58, the activities under this Agreement are subject to environmental review requirements. CDBG regulations require the preparation of an Environmental Review Record (ERR) and environmental clearance before funds are expended or costs incurred. City staff will prepare the ERR. Subrecipient is not required to assume responsibility for an environmental review or assessment of this program pursuant to 24 CFR Part 58, nor responsibility for initiation of an intergovernmental review of this program and its activities (24 CFR §570.604). However, Subrecipient is required to provide information about its activities in order for the City to comply with its responsibility under 24 CFR Part 58. Subrecipient shall submit to the City any changes to the proposed activity so that the City may evaluate this new information and conduct any further environmental review. This information must be submitted to the City for approval at least forty-five (45) days prior to any commencement of work. Subrecipient also agrees to assist the City in addressing environmental issues that may arise during the City's review process. 2. Environmental Protection. Subrecipient and its contractors shall comply with all applicable standards, orders, or regulations of the Clean Air Act (42 U.S.C. §7401 et seq.); Section 306 of the Clean Air Act (42 U.S.C. 7401 et seq.); Section 508 of the Clean Water Act (33 U.S.C. §1368); Executive Order 11738; the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.); EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969; standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act; and HUD Environmental Review Procedures at 24 CFR Part 58. Violations shall be reported to the City, HUD, and EPA. 3. Flood Disaster Protection. Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4106) and implementing regulations in 44 CFR Parts 59 through 79 in FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 13 of 40 regard to the sale, lease, or other transfer of land acquired, cleared, or improved under the terms of this Agreement, as it may apply to the provisions of this Agreement. 4. Flood Insurance Program. Should any construction or rehabilitation of existing structures with assistance provided under this Agreement occur in an area identified as having special flood hazards by the Director of Federal Emergency Management, Subrecipient agrees to comply with all relevant and applicable provisions of 24 CFR §570.605 concerning the National Flood Insurance Program. Subrecipient agrees that if any portion of any property improved in connection with this Project is located in a special flood hazard area, flood insurance will be required by the City and must be provided. 5. Lead -Based Paint. Lead-based paint is prohibited in the construction or rehabilitation of any properties assisted under this Agreement. Subrecipient 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, which requires compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and implementing regulations at 24 CFR Part 35, of which Subparts A, B, J, K, and R apply to the CDBG Program. Such regulations pertain to all HUD -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 shall 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. Subrecipient shall maintain records documenting compliance with these requirements. 6. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.) 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. Subrecipient shall notify the City CDBG representative immediately upon determining that a property may fall into this category. 7. Procurement of Recovered Materials (Resource Conservation and Recovery Act). Subrecipient shall comply with 2 CFR Part 200 regarding the use of specific products made or used with recovered materials. SECTION VI: DEFAULTS AND REMEDIES 1. Events of Default. The following shall constitute an Event of Default under this Agreement: FY 2022-23 a) Failure to comply with any of the rules, regulations, or provisions referred to herein or governing CDBG awards including, but not limited to, 24 CFR Part 570 or such statutes, laws, regulations, executive orders, and HUD guidelines, HUD guidance, policies, or directives as may become applicable at any time; b) Fails to comply with any of the terms contained in this Agreement and such failure continues for a period of thirty (30) days following written notice thereof given by the City to Subrecipient; c) Failure to fulfill in a timely and proper manner its obligations under this Agreement; The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 14 of 40 d) Ineffective or improper use of funds provided under this Agreement; e) Submission by Subrecipient at any time of any material representation in any certification, report, or communication to the City that is determined by the City to be false, incomplete, misleading, or incorrect in any material manner; f) Failure to disclose to the City, upon demand, the name of all persons with whom Subrecipient has contracted or intends to contract with for the construction or management of any portion of the Project, including contracts for services and/or labor; or g) If any other default occurs under any of the grant documents executed by Subrecipient in connection with this grant by the City (herein the "Grant Documents") which is not elsewhere specifically addressed herein and such default is not cured within the applicable cure period set forth in the grant documents, or if there is no cure period set forth, then within five (5) days following the date of notice to Subrecipient thereof. Notwithstanding any of the forgoing provisions to the contrary, if Subrecipient has failed to cure any default within five (5) days prior to the expiration of any applicable cure period, the City may, at its sole option, cure such default, provided, however, that the City shall be under no duty or obligation to do so. 2. Remedies for Noncompliance. If Subrecipient commits an Event of Default or fails in any way to comply with Federal or state statutes, local laws or regulations, or the terms and conditions of this Agreement, the City may impose additional conditions as described in 2 CFR §200.208. If the City determines that noncompliance cannot be remedied by imposing additional conditions, the City may take one or more of the following actions, including but not limited to: a) Temporarily withhold cash payment pending correction of the deficiency or more severe enforcement action by the City; b) Disallow both use of funds and any applicable matching credit for all or part of the cost of the activity or action not in compliance; c) Wholly or partly suspend or terminate the award; d) Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and applicable regulations or recommend such proceedings be initiated by HUD; e) Withhold further federal awards for the project or program; or f) Take other remedies that may be legally available including, but not limited to litigation, declaratory judgment, specific performance, damages, injunctions, termination of the Agreement, or any other available remedies. 3. Remedies/Suspension and Termination. Subrecipient and the City will comply with the noncompliance and termination provisions in 2 CFR Part 200. In addition to the remedies for noncompliance in 2 CFR §200.339, the City may suspend or terminate this Agreement in whole or in part if Subrecipient fails to comply with any terms and conditions of this Agreement or upon the occurrence of any Event of Default or any other breach of this Agreement. The City can withhold all funding and disbursements, demand repayment for amounts disbursed, terminate all payments, and/or exercise all rights and remedies available to it under the terms of this Agreement, the Grant Documents, under statutory law, equity or under common law. If the City terminates this Agreement, Subrecipient shall also forfeit to the City all FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 15 of 40 unexpended monies awarded under the Agreement. Subrecipient may also be required to refund all CDBG funds awarded by the City. In accordance with 2 CFR §200.340, the City can terminate the Agreement with the consent of Subrecipient in which case Subrecipient and the City must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. In accordance with 2 CFR §200.340(a)(4), the Agreement may also be terminated by Subrecipient or the City with written notification setting forth the reason for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if the City determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety. If this award is terminated or partially terminated, Subrecipient remains responsible for compliance with the closeout requirements in 2 CFR §200.344 and post -closeout requirements set forth in 2 CFR §200.345. All remedies shall be deemed cumulative and, to the extent permitted by law, the election of one or more remedies shall not be construed as a waiver of any other remedy the City may have available to it. 4. No Waiver. Failure of the City to declare a default shall not constitute a waiver of any rights by the City. Furthermore, the waiver of any default by the City shall in no event be construed as a waiver of rights with respect to any other default, past or present. SECTION VII: INDEMNIFICATION AND INSURANCE 1. Indemnification. Subrecipient shall defend, indemnify and hold harmless the City from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including attorney's fees, whether or not suit is filed and if suit is filed, attorney fees and costs at all trial and appellate levels, of any kind and nature arising or growing out of or in any way connected with Subrecipient's performance or nonperformance of this Agreement or because of or due to the existence of the Agreement itself. Nothing contained herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 2. Environmental Indemnification. Subrecipient shall indemnify and hold the City harmless from any claim arising from, or in any way related to, the environmental condition of the property where the Project takes place, including, but not limited to, the cost of investigating, defending, and/or negotiating to a satisfactory conclusion claims made by environmental regulatory agencies, as well as all cleanup and property maintenance requirements imposed by any agency with lawful jurisdiction over the Project. This indemnification shall run from the time of initial discovery of any such adverse environmental condition and shall not be construed to commence only upon realization by the City of an actual pecuniary loss as a result of such adverse environmental condition. The existence of this indemnification agreement shall not be construed as an indicia of ownership, management or control of the property by the City, and Subrecipient hereby recognizes and acknowledges that the City is not an owner or manager of the property and does not exert any control thereupon. Notwithstanding anything herein to the contrary, this indemnification provision shall survive the termination of this Agreement. 3. Insurance. Without limiting Subrecipient's indemnification, Subrecipient shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance hereinafter described and FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 16 of 40 as required by 2 CFR Part 200, concerning its operations. Certificates with valid and authorized endorsements, evidencing the maintenance and renewal of such insurance coverage shall be delivered to the City prior to execution of this Agreement. The City shall be given notice in writing at least thirty (30) calendar days in advance of cancellation or modification of any policy of insurance. The City, its officers and employees shall be named as an additional named insured on all policies of liability insurance. a) All policies of insurance shall be in a company or companies authorized by law to transact insurance business in the State of Florida. In addition, such policy shall provide that the coverage shall be primary for losses arising out of Subrecipient's performance of the Agreement. Neither the City nor any of its insurers shall be required to contribute to any such loss. The required certificate shall be furnished prior to execution of this Agreement. b) At least thirty (30) calendar days prior to the expiration of any of the above -referenced insurance policies, Subrecipient shall provide the City with evidence of the renewal of said insurance policies in a form satisfactory to the City. c) The policies and insurance required by the City include: (1) Commercial General Liability Insurance. Commercial general liability insurance to include, but not be limited to bodily injury and property damage coverage. The policy's limit liability amount shall not be less than Five Hundred Thousand Dollars ($500,000) per person/per occurrence for bodily injury to, or death to one or more than one person and not less than One Hundred Thousand Dollars ($100,000) per occurrence for property damage. (2) Workers' Compensation Coverage. Workers' Compensation insurance for all its employees in an amount and with coverage to meet all requirements of the laws of the State of Florida. (3) Flood Insurance. Flood insurance as required under applicable HUD regulations. (4) Employee Fraud Insurance. Sufficient insurance to protect from loss due to fraud, theft, and physical damage and shall purchase a bond or insurance covering all employees for theft or fraud. (5) Bonding Requirements. Bonding requirements in 2 CFR §200.326. SECTION VIII: MISCELLANEOUS PROVISIONS 1. Assignment. Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City. 2. No Grant of Vested Rights. This Agreement shall not be construed as granting or assuring or vesting any land use, zoning, development approvals, permission, or rights with respect to property owned by Subrecipient or anyone it assists. 3. Independent Contractor. Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of master/servant, principal/agent, employer/employee or joint venture partner between the City and Subrecipient. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as Subrecipient is an independent contractor. Subrecipient agrees and FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 17 of 40 acknowledges that it shall be responsible for and shall pay any and all applicable compensation, insurance and taxes, including but not limited to federal income taxes and Social Security on the salary of any positions funded in whole or in part with CDBG funds. 4. Severability. This Agreement shall be construed in accordance with the laws of the State of Florida. It is agreed by and between the parties that if any covenant, condition, provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any other covenants, conditions or provisions herein contained and all other parts shall nevertheless be in full force and effect. 5. Entire Agreement/Modification. This Agreement, together with all the Exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof. Any representations or statements heretofore made with respect to such subject matter, whether written or verbal, are merged herein. This Agreement may only be modified in writing, signed by both of the parties hereto. 6. Notices. Whenever by the terms of this Agreement, notice is to be given to either party, such notice shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid to: Chuck Lane, Assistant Director Economic Development and Housing P.O. Box 4748 Clearwater, FL 33758-4748 Kathleen Kelly CEO/Executive Director 1189 NE Cleveland Street Clearwater, FL 33755 7. Compliance With All Laws. Notwithstanding anything herein to the contrary, the Project shall be operated consistent with all applicable federal, state, and local laws and regulations. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 18 of 40 IN WITNESS WHEREOF, the parties hereto have executed these presents and have set their hands and seals this /-5"-4 day of !-e 5,2 ,, , 2023 . ATTEST: B Rosemarie Call, City Clerk L9 STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida By: Jennifer Poirrier Interim City Manager The Kimberly Home, Inc., a Florida non-profit corporation By: 1 7%1LJJ m sir /u Title: E�tc�t��vcl�irc£.oi /A'E'U Print Name: Date: . -/ -a 3 THE FOREGOING CDBG AGREEMENT was acknowledged before g �b' means of physical presence or 1:1 online notarization, this IS± day of �tbrko.ry , fa; by ►1t en 1(9 as t 3 CuirvY:btrfdbr) Cep . He/She Fki,s personally known to me or ['has produced as identification. MIMIM •a KERRIE FINE MY COMMISSION # GG 975639 EXPIRES: April 5. 2024 t.gf :t: Bonded Um Notary Pubic Undertakers FY 2022-23 t�Q NOTARY P'UBLIC Print Name: <cyr ' i c. My Commission Expires: �1 S202L� APPROVED AS TO FORM for the use and reliance of the City of Clearwater, Florida, only. r,oir 6 /" 2023 David Margolis pity Attorney Clearwater, Florida The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 19 of 40 Exhibit Index Exhibit A Standards of Eligibility Exhibit B Required Subrecipient Information Exhibit C Additional Program Requirements Exhibit D Budget Exhibit E CDBG Program Requirements Exhibit F Reporting Schedule Exhibit G Timesheet Activity Report Exhibit H EEO Clause for Subrecipients/Contractors and Subcontractors — Standard Solicitation for Bid and Contract Language Exhibit I Certification Regarding Lobbying Exhibit J Section 3 Economic Opportunity Clause Exhibit K Certification Regarding Drug -Free Workplace Requirements Exhibit L Affidavit Exhibit M Signature Card FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 20 of 40 Exhibit A Standards of Eligibility Income Limits CDBG Income Limits Effective June 15, 2022 Household Size 0 to 30% AMI (Extremely Low) 30+ to 50% AMI (Low) 50+ to 80% AMI (Moderate) Aboe 80% AMI (Non-Low/Moderate) 1 Person $ 17,300 $ 28,750 $ 46,000 N/A 2 Persons 3 Persons 4 Persons $ 19,750 $ 22,200 $ 24,650 $ 32,850 $ 36,950, $ 41,050 $ 52,600 $ 59,150 $ 65,700 N/A N/A N/A 5 Persons ` $ 26,650 $ 44,350 $ 71,000 N/A 6 Persons $ 28,600 $ 47,650 $ 76,250 N/A 7 Persons $ 30,600 $ 50,950 $ 81,500 N/A 8 Persons $ 32,550 $ 54,200 $ 86,750 N/A GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME - $82,100 Updates to income limits will be published at the following location: myclearwater.com > Government > City Departments > Affordable Housing and Community Development FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 21 of 40 Exhibit B Required Subrecipient Information 1. Subrecipient name (which must match registered name in SAM.gov): The Kimberly Home, Inc. 2. Subrecipient's SAM.gov unique entity identifier (UEI) number (see 2 CFR Part 25 — Universal Identifier and System for Award Management): S86EFJHZ42D7 3. Subaward Period of Performance Start Date and End Date: 10-01-2022 to 09-30-2023 4. Amount of Federal Funds Obligated by this activity: $10,462.00 5. Total Amount of Federal Funds obligated to subrecipient: $10,462.00 6. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Funds will be used to provide salary support for a Resident Advisor to support the Transitional Housing Program. 7. Name of Federal awarding agency, pass-through entity, and contact information for awarding official: U.S. Department of Housing and Urban Development; City of Clearwater, Economic Development and Housing Director; P.O. Box 4748, Clearwater, Florida 33758; (727) 562-4031 8. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award the CFDA number at the time of disbursement: 14.218, Community Development Block Grants/Entitlement Grants 9. Identification of whether the award is R&D: N/A 10. Indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect [F&A costs]): N/A FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 22 of 40 Exhibit C Additional Program Requirements 1. Subrecipient shall always maintain facilities in conformance with all applicable codes, licensing, and other requirements necessary for the operation of the Program. 2. Subrecipient will accept applications and perform income and other eligibility determinations. Fifty-one percent of those served must have incomes that do not exceed low- and moderate -income limits (under 80% MSA) of the CDBG Program. 3. Subrecipient shall ensure that the numbers, background, and qualifications of the Subrecipient staff are appropriate for the services provided and at least meet the minimum standards established by the pertinent licensing bodies. 4. All costs eligible for CDBG reimbursement offered by Subrecipient under the Program shall only include costs directly related to the provision of the service under this Project as described in this Agreement. 5. Subrecipient shall complete detailed work write-ups of the services to be performed, including estimated costs and material to be used, if applicable. Subrecipient will monitor the work to ascertain that services are proceeding properly and satisfactory. Subrecipient will ensure that the expenses are reasonable and the services are completed properly. In addition, Subrecipient shall maintain case files, including applications and all documentation of eligibility, work write-ups, the assistance agreement between the client and Subrecipient, documentation on all necessary licenses and permits, site visits and final reports, invoices and checks. Subrecipient shall maintain these records in accordance with general recordkeeping requirements set forth in this Agreement. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 23 of 40 Exhibit D Budget The Kimberly Home, Inc. FY 2022-2023 Project Type: CDBG Amount of Funding: $10,462.00 Services Funded Category CDBG Portion Public Services Funding provided for salary support for a Resident Advisor to support the Transitional Housing Program. Benefit — 30 Persons Beneficiaries assisted must reside within City of Clearwater limits (Tax District CW, CWD, or CWDO) and household income must be at or below 80% AMI based on the CDBG income limits in effect at the time assistance is provided. $10,462.00 Total $10,462.00 FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 24 of 40 Exhibit E CDBG Program Requirements Subrecipient, in addition to the terms set forth in the Agreement, shall operate the Project funded through the City's Community Development Block Grant Program according to the following guidelines: 1. Any equipment, furnishings and any other usable item purchased with the City's CDBG Program contribution to Subrecipient for use in the Project shall be kept on an inventory and shall be made available to the City's Economic Development and Housing Department for disposition upon termination of the City's CDBG assistance to Subrecipient. 2. Subrecipient hereby agrees to maintain accounting systems with internal controls to safeguard the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds and assets, provide for accurate financial data, promote operational efficiency, and foster compliance with generally accepted accounting principles (GAAP) in accordance with 2 CFR Part 200. 3. Subrecipient's accounting records must adequately identify the receipt and expenditure of all CDBG funds for each budget line item. There must be a separate accounting for each budgetary allocation as approved by the City's Economic Development and Housing Department. Cash receipts and expenditures from other sources must be accounted for separately from CDBG funds; therefore, if Subrecipient maintains a common account for both CDBG and other funds, the accounting system must provide for the clear and easy identification of CDBG funds. 4. Accounting and related records of Subrecipient shall comprise the following as a minimum: a) Voucher System. All supporting documentation, such as purchase orders, invoices, receiving reports, and requisitions. b) Books of Original Entry. Cash receipts and disbursements journal, general ledger. c) Chart of Accounts. Listing of accounts must be maintained in the accounting system. d) Personnel Records. A separate personnel file shall be maintained for each CDBG project employee paid with CDBG funds. As a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e) Attendance Records. Attendance records (individual timesheets) shall be maintained for all personnel paid with CDBG funds that are involved in operating the Project. This applies to part-time as well as full-time personnel. In addition to the accounting for daily attendance, the type of leave taken (annual, sick or other), shall be disclosed. Daily attendance records must support budgetary charges for payroll purposes. f) Payroll Records. Formal payroll records supporting cash disbursements to employees shall be maintained. All timesheets or personnel activity reports must be signed by the employee and the employee's supervisor. Such records shall disclose each employee's name, job, title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 25 of 40 g) payments must be made of FICA taxes, including the required employer matching costs, and of income tax withheld from employees. All charges for payroll purposes shall be in accordance with the Budget submitted to the City's Economic Development and Housing Department. In addition, salaries and wages of employees chargeable with more than one (1) grant program and/or other funding sources will be supported by appropriate time distribution records. Actual time distribution records shall be available for review by the Economic Development and Housing Department at monitoring visits. Checking Accounts. A monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc., shall be prenumbered and accounted for, including all voided checks. Check stubs, canceled checks, and deposit slips must be readily available for audit purposes. h) Purchasing Practices. Purchasing practices shall be at the very least in accordance with 2 CFR Part 200. Subrecipient must provide documentation indicating how all vendors, contractors, minority- and/or women -owned businesses are given an opportunity to participate. i) Inventories. Subrecipient, as are all CDBG program subgrantees, is advised to maintain adequate safeguards against loss by theft or physical deterioration of any inventories of office supplies, equipment, or other items purchased with CDBG funds. j) Property Records. Subrecipient is required to maintain formal subsidiary records to control all CDBG program project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted and the books should reflect the actual value of property on hand at the end of the year. 5. Subrecipient should maintain records in an orderly manner, with separate identification for different Federal fiscal periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the City's Economic Development and Housing Department staff, the Inspector General, and HUD officials and others who may be authorized to examine such records. Failure to do so may constitute a default of this agreement resulting in suspension of reimbursement until said documentation is submitted. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 26 of 40 Exhibit F Reporting Schedule 1. Subrecipient shall submit all reports to the City's Economic Development and Housing Department as described in this Agreement. 2. Subrecipient shall maintain data demonstrating client eligibility for services provided. Such data shall include client name, address, number of persons in the household and household income, and such other information requested by the City's Economic Development and Housing Department. Such information shall be made available to City and/or HUD monitors or their designees for review upon request. Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient responsibilities under this Agreement is prohibited by the U.S. Privacy Act of 1974 unless written consent is obtained from such person receiving services, and in the case of a minor, that of a responsible parent/guardian. 3. Upon ten (10) days' notice by the City's Economic Development and Housing Department, Subrecipient shall provide the information requested by the City for submission of performance or other reports to HUD. 4. Between the required reporting dates, events may occur that have significant impact upon the project or program. In such cases, Subrecipient shall inform the City's Economic Development and Housing Department as soon as the following types of conditions become known: a) Problems, delays, or adverse conditions, which may materially affect the ability to meet program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established term periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any assistance needed to resolve the situation. b) Favorable development or events, which will enable meeting time schedules and goals sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. Method of Payment: Payments shall be made based on completed services and submission of documentation as outlined in this Agreement between the City and Subrecipient. Subrecipient shall submit monthly requests for payment to the City's Economic Development and Housing Department in accordance with the following: 1. The City's Economic Development and Housing Department shall authorize the reimbursement of Subrecipient for actual expenditures outlined in the Budget as expressed in Exhibit D of this Agreement, except that the Economic Development and Housing Director, or designee, may approve a variance with regard to variable costs. 2. Expenses incurred by Subrecipient will not be authorized for payment by the City's Economic Development and Housing Department if such expenses cannot be documented by paid receipts, invoices, or other appropriate documentation and information. Furthermore, all requests for payment submitted by Subrecipient to the City's Economic Development and Housing Department shall not be FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 27 of 40 reimbursable by the City if such expenditures were not expended directly for the provision of services and activity delivery costs to benefit low- and moderate -income persons in accordance with this Agreement. 3. Provided that the requests for payment are complete and undisputed, the City's Economic Development and Housing Department shall authorize reimbursement of approved expenditure requests within thirty (30) days of receipt of such requests. 4. As applicable, the monthly requests for payment shall include: a) Name and address of each client receiving services. b) CDBG costs to be reimbursed, shown as labor, materials, other costs, including copies of invoices, and checks in payment. c) Brief description of services or activities undertaken during the month for which reimbursements are being requested. d) Total cost of services. e) If requesting reimbursement for salaries, timesheets showing tenths of hours where work has been done by Subrecipient and staff detailing daily total hours worked. f) If applicable, if outside contractors have done the work, submit the contractor's paid invoices for reimbursement. These should include an itemization of the work done, the total cost for labor and materials, the number of hours on the job, and the rate per hour agreed to on the project. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 28 of 40 Exhibit G Timesheet Activity Report Empi. Name: Rats of Pay: $ Exhibit G City of Clearwater Economic Development & Housing Department FY 2022-23 Timesheet Activity Report Pay Cycle: Hourly Pay Period Begin Date: Pay Period End Date: b ., ' iiiiiii�iiiiiii�iiiiii�iiiiii■■iiiiiii�iiiii�®® a rim 01120/1 Ott �)®- ke a .rets 1'rTres":�"#f:x's` Pay Period Begin Date: Pay Period End Date: •CUH, Furdne - Sway dm uerrandeq souce Neuse. (ae HOME MP) Pay period begin and end dates on this report must match your supporting documentation. I certify that the information herein contained is true and complete to the best of my knowledge. Signature: Employee Date The following supporting documentation must be submitted watt this Timesheet Activity Report -Attendance records (individual ). - Proof of payment (i.e direct -deposit statements or conceited checks). Signature: Supervisor Approval Date FY 2022-23 Tkneaheet A tivity Report FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 29 of 40 b ' iiiiiii�iiiiiii�iiiiii�iiiiii■■iiiiiii�iiiii�®® a g r I 0 •CUH, Furdne - Sway dm uerrandeq souce Neuse. (ae HOME MP) Pay period begin and end dates on this report must match your supporting documentation. I certify that the information herein contained is true and complete to the best of my knowledge. Signature: Employee Date The following supporting documentation must be submitted watt this Timesheet Activity Report -Attendance records (individual ). - Proof of payment (i.e direct -deposit statements or conceited checks). Signature: Supervisor Approval Date FY 2022-23 Tkneaheet A tivity Report FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 29 of 40 b a g r I 0 •CUH, Furdne - Sway dm uerrandeq souce Neuse. (ae HOME MP) Pay period begin and end dates on this report must match your supporting documentation. I certify that the information herein contained is true and complete to the best of my knowledge. Signature: Employee Date The following supporting documentation must be submitted watt this Timesheet Activity Report -Attendance records (individual ). - Proof of payment (i.e direct -deposit statements or conceited checks). Signature: Supervisor Approval Date FY 2022-23 Tkneaheet A tivity Report FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 29 of 40 (1) Exhibit H Equal Employment Opportunity Clause for Subrecipients and Their Contractors and Subcontractors Standard Solicitation for Bid and Contract Language Equal Opportunity Clause: Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal Program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause as required by 41 CFR §60-1.4(b): During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) FY 2022-23 The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 30 of 40 FY 2022-23 (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 31 of 40 compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 32 of 40 Exhibit I Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ATTEST: (CORPORATE SEAL) THE KIMBERLY HOME, INC. By: �n-5L� . VP•y: "i /'-c itt Si nature Signature FY 2022-23 Title: eett i v ..))/rec. /CEO Print Name: /141-h/een M are/1 y Date: 02 - / - a 3 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 33 of 40 Exhibit J Section 3 Economic Opportunity Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75. F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. §5307) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 34 of 40 Exhibit K Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the City of Clearwater and the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the City and/or the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. Subrecipient will comply with the other provisions of the Act and with other applicable laws. CERTIFICATION 1. Subrecipient certifies that it will or will continue to provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Subrecipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Subrecipient's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notify the City's Economic Development and Housing Department and/or the U.S. Department of Housing and Urban Development in writing within ten (10) calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 35 of 40 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 2. Subrecipient shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, zip code, and total estimated number of employees). Subrecipient further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the grant, it shall notify the City's Economic Development and Housing Department and/or the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 36 of 40 Place of Performance For Certification Regarding Drug -Free Workplace Requirements Name of Subrecipient: The Kimberly Home, Inc. Program Name: Transitional Housing Program Grant: Community Development Block Grant (CDBG) Date: October 1, 2022 through September 30, 2023 The Subrecipient shall insert in the space provided below the site(s) expected to be used for the performance of the work under this Agreement: Place of Performance (include street address, city, county, state, and zip code for each site): 1189 NE Cleveland Street, Clearwater, Pinellas County, FL 33755 ❑ Check this box if there are workplaces on file that are not identified here. ATTEST: (CORPORATE SEAL) By: . Sig ature FY 2022-23 THE KIMBERLY HOME, INC. Signature Title:�2'eCtllive..1)/Ie�iOr/L'f() Print Name: flafh/een Mee/y Date: The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 37 of 40 Exhibit L Affidavit Federal Funding Accountability and Transparency Act (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is USASpending.gov. The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements. Prime contract awardees will report against subcontracts awarded and prime grant awardees will report against subgrants awarded. The subaward information entered in FSRS will then be displayed on USASpending.gov associated with the prime award furthering Federal spending transparency. The Transparency Act requires information disclosure concerning entities receiving Federal financial assistance through Federal awards such as Federal contracts, subcontracts, grants, and subgrants. Specifically, the Transparency Act's section 2(b)(1) requires the City to provide the following information about each Federal award: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, • Location of the entity receiving the award and the primary location of performance under the award; • Unique identifier of the entity receiving the award and of the parent entity of the recipient; • Names and total compensation of the five most highly compensated officers of the entity if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 38 of 40 I, /ea /<<4 47 /1 Q /61 (print name), hereby swear or affirm that: I read and understand the information provided above. I have personal knowledge of the facts I am attesting to in this affidavit. (Please check one of the following) ® I attest that The Kimberly Home, Inc. does not meet the above threshold requiring names and total compensation of the five most highly compensated officers of the entity if the entity. ❑ I attest that The Kimberly Home, Inc. does meet the above threshold* requiring names and total compensation of the five most highly compensated officers of the entity if the entity. *If agency meets the above threshold, the agency MUST attach a spreadsheet with the names and total compensation of the five most highly compensated officers of the entity, signed and dated by one of the following: President; Executive Director; CEO; Board Chairperson; Finance Director; CFO; or Treasurer. I understand that the submission of a false affidavit is punishable as a second-degree misdemeanor under Florida law. ircc4r/�Eo Signature of President/ExecutiveDirector/Board Chair /671h leen . Printed Name of President/Exe utive Director/Board Chair STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING CDBG AGREEMENT was acknowledged before g means of,❑ physical presence or El online notarization, this % S� day of -J-2 by u gyt.4 , 29i'1,'by Ko Q r) (c ttas 2Cu.h tic fDaelbegEbof The Kimberly Home, Inc.. He/She s personally known to m6 or has produced as identification. : ,w•by;•, KERRIE FINE .; .: MY COMMISSION 9 GG 975930 =•. Q� EXPIRES: Apra 5, 2024 "'•Ede .....• Bonded um Notary Pubic Undawrnas aaM115 FY 2022-23 NOTARY PUBIC Print Name: fir[ e. `nn -e- 11 St 2.02-y My Commission Expires: The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 39 of 40 Exhibit M Authorization Signature Card Name of Subrecipient: The Kimberly Home, Inc. Name of Applicant: Address: 1189 NE Cleveland Street City, State, Zip: Clearwater, FL 33755 Telephone Number: SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: NAME SIGNATURE (?r T Perer)ick U 5 a -I+ rn )<0-141.s fk M .Kc I ly SriarZ fr. , jnnIS I certify that the signatures above are of the individuals authorized to execute financial documents. J --///-?3 Date Signature of Authorized Official Title of Authorized Official FY 2022-23 The Kimberly Home, Inc. (Resident Advisor Salary Support) PS 15013 Page 40 of 40