MEMORANDUM OF UNDERSTANDING - ROSS NORTON PLAYGROUNDMEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT AND
THE PARKS AND RECREATION DEPARTMENT
THIS MEMORANDUM OF UNDERSTANDING (MOU) (hereinafter the "Agreement") is made and
entered into by and between the City of Clearwater Economic Development and Housing Department, a
Florida municipal corporation, with a principal address of P.O. Box 4748, Clearwater, Florida 33758, (hereinafter
referred to as the "City"), and the Parks and Recreation Department of the City of Clearwater, with a principal
address of 100 South Myrtle Avenue, Clearwater, FL 33756 (hereinafter referred to as "Parks and Recreation"
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, in response to the Coronavirus Pandemic (COVID-19), the United States Department of
Housing and Urban Development (HUD) has notified the City of Clearwater that it will receive a cumulative
allocation of One Million Three Hundred Fifty -One Thousand Five Hundred Sixty dollars and xx/100 cents
($1,351,560.00) of Community Development Block Grant Program — Coronavirus Response funds (CDBG-CV) to
be used to prevent, prepare for, and respond to COVID-19; and
WHEREAS, the City's allocation of CDBG-CV was authorized by the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March 27,
2020, to respond to the growing effects of this historic public health crisis; and
WHEREAS, the City has identified that there is a community need for public facility and infrastructure
improvements that respond to Coronavirus; and
WHEREAS, the City desires to provide funding to the Subrecipient to make outdoor recreational facility
improvements to respond to the COVID-19 pandemic; and
WHEREAS, Parks and Recreation submitted a proposal to utilize $90,000.00 in FY 2022-2023 CDBG funds
to enable Parks and Recreation to construct a multi -amenity playground for children at the Ross Norton Recreation
Center located in the city's Lake Bellevue Neighborhood Revitalization Strategy Area;
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 Project meets the criteria of an eligible CDBG-CV activity by addressing the immediate
community needs and indirect impacts of the COVID-19 pandemic while mitigating the effects and creating long-
term spaces designed to reduce the transmission of future coronaviruses. In addition, the Project meets CDBG-CV
eligible uses of site improvements and remote access by providing additional space for outdoor activity and
encouraging physical distancing; and
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WHEREAS, Parks and Recreation 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 Parks and Recreation agree as follows:
SECTION I: 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).
3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a subaward to
Subrecipient in the amount of ONE HUNDRED EIGHTY-FIVE THOUSAND AND 00/100 DOLLARS
($185,000.00) in FY 2022-2023 CDBG-CV 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 Parks and Recreation 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 access to affordable
recreation and fitness opportunities. The subrecipient will construct a multi -amenity playground for
children at the Ross Norton Recreation and Aquatic Complex that will benefit 825 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.
Phase I of the Ross Norton Recreation Center project was an FY 2021-22 activity, and Phase II is an
FY 2022-23 activity. Phase II funds are provided for the construction of a multi -amenity playground for
children located at the Ross Norton Recreation and Aquatic Complex at 1426 S. Martin Luther King Jr.
Avenue, Clearwater.
A section of the existing skate park will be converted for the proposed playground with antimicrobial
protective coating and adequate shade structures and will provide meaningful play experiences that
encourage exploration and self-discovery for children participating in the after-school programs funded
through the Juvenile Welfare Board as well as summer camps and community children and their families
in a safe, supportive atmosphere at the Ross Norton Recreation Complex. The City's Parks and Recreation
Department continues to focus on encouraging outdoor activities and healthy living for all residents within
the community, and the proposed playground will be accessible to children to enjoy an outdoor social
space and assist in preventing the spread of COVID-19. The Centers for Disease Control guidance states,
"You are less likely to be exposed to COVID-19 during outdoor activities, even without the use of masks."
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The Florida State Historic Preservation Officer reviewed the referenced project for possible effects on
historic properties listed, or eligible for listing, in the National Register of Historic Places. The review was
conducted in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended,
and its implementing regulations in 36 CFR Part 800: Protection of Historic Properties.
It is the opinion of this office that the proposed project will have no effect on historic properties. However,
due to ground disturbing activities, the following special condition regarding unexpected discoveries
should be included during project activities:
If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal
implements, historic building materials, or any other physical remains that could be associated with Native
American, early European, or American settlement are encountered at any time within the project site
area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the
discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources,
Compliance Review Section at (850)-245-6333. Project activities shall not resume without verbal and/or
written authorization. In the event that unmarked human remains are encountered during permitted
activities, all work shall stop immediately and the proper authorities notified in accordance with Section
872.05, Florida Statutes.
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 I1 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-CV 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 $185,000.00.
Subrecipient shall not use any CDBG-CV 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
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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
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 or CDBG-CV funds or other assets, including Program Income or for any HUD audits
requiring repayment of any funds unlawfully spent under this Agreement.
SECTION I1: 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. ProcurementlSubcontracting!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
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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
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 or CDBG-CV 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;
9)
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;
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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;
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 or CDBG-CV 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.
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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
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
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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
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 or CDBG-CV 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 or CDBG-CV 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 or CDBG-CV 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 less 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.
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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
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.
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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 or CDBG-CV 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 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 Minority/Women'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;
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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
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 or CDBG-CV 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 1 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
or CDBG-CV 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
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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 or CDBG-CV 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
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 or CDBG-CV 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
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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 or CDBG-CV 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 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 or CDBG-CV funds will be provided as reimbursement for the work done by
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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.
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
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(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
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:
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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;
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
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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
unexpended monies awarded under the Agreement. Subrecipient may also be required to refund all
CDBG or CDBG-CV 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
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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
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 fumished 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.
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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
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 or CDBG-CV 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
Art Kader, Acting Director
Parks and Recreation Department
100 South Myrtle Avenue
Clearwater, FL 33756
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 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 19 of 45
IN WITNESS WHEREOF, the parties hereto have executed these presents and have set their hands and
seals this t day of .1 ACCA , 4 , 2023.
ATTEST:
By:
Rosemarie Call, City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
THE EEjVI
❑ online notarizationFOREGOING, thisCDBGAGR%D
rrferi m ParKi ei Pee real -ion 2irecf0 r
CITY OF CLEARWATER, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida
By:
Jennifer oiier, terim City Manager
Parks and Recre ' n Depa ent
By:
Title: 111+ rri -Pa rks¥VeC/ett;D/i1ifeC'�Dr
Print Name:
A rf Kader
Date:
ENT was acknowledged before me by means ofL���ph/ysical presence or
day of Febrttar y , 2023, by Ar -f KGtG[er as
OShe [El's personally known to me or ❑ has produced
as iden _,. -t'on.
FY 2022-23 CDBG-CV.
OTARY PUBLIC &// '�/ e
Print Name: � ? /4 j/e)
My Commission Expires:
,= Commission 6 HH 17T276
� - = Expires Novato' 26, 2025
•..,ora;,. Bonded 1h a Troy Fab 'nuance 000.3$6.7019
APPROVED AS TO FORM
for the use and reliance of the
City of Clearwater, Florida, only.
lekrtZ, 2023.
l ''
David Margolis, City Attorney
Clearwater, Florida
Parks & Recreation Dept. (Ross Norton Playground) 15083
Page 20 of 45
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
Exhibit N Self -Certification of Annual Income
Exhibit 0 Self -Certification of Duplication of Benefits
Exhibit P Duplication of Benefits Calculation Worksheet
FY 2022-23 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 21 of 45
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)
Above
80% AMI
(Non-Low/Moderate)
1 Person
$ 17,300
$ 28,750
$ 46,000
N/A
2 Persons
$ 19,750
$ 32,850
$ 52,600
N/A
3 Persons
$ 22,200
$ 36,950
$ 59,150
N/A
4 Persons
$ 24,650
$ 41,050
$ 65,700
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 > My Neighborhood and Community Programs > Programs and Services Available for
Residents > Income Eligibility: CDBG, HOME and SHIP
FY 2022-23 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 22 of 45
Exhibit B
Required Subrecipient Information
1. Subrecipient name (which must match registered name in SAM.gov): Parks and Recreation
Department
2. Subrecipient's SAM.gov unique entity identifier (UEI) number (see 2 CFR Part 25 - Universal Identifier
and System for Award Management): SG2DQRMWJYL6
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: $185,000.00
5. Total Amount of Federal Funds obligated to subrecipient: $185,000.00
6. Federal award project description, as required to be responsive to the Federal Funding Accountability
and Transparency Act (FFATA): Funds will be used to construct a multi -amenity playground for
children at the Ross Norton Recreation Center located in the city's Lake Bellevue Neighborhood
Revitalization Strategy Area.
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 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 23 of 45
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 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 24 of 45
Exhibit D
Budget
Parks and Recreation Department
FY 2022-2023
Project Type: CDBG-CV
Amount of Funding: $185,000.00
Services Funded
Category
CDBG-CV Portion
Public Facilities
Funds provided to make outdoor recreational facility improvements to
respond to the Coronavirus while mitigating the effects and creating
Tong -term spaces designed to reduce the transmission of future
coronaviruses by providing additional space for outdoor activity and
encouraging physical distancing. Funds will be used to construct a
multi -amenity playground for children at the Ross Norton Recreation
and Aquatic Complex located in the city's Lake Bellevue
Neighborhood Revitalization Strategy Area.
Benefit — 825 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.
$185,000.00
Total
$185,000.00
Phase I of the Ross Norton Recreation Center project was an FY 2021-22 activity, and Phase II is an FY 2022-23
activity. Phase 11 funds are provided for the construction of a multi -amenity playground for children located at
the Ross Norton Recreation and Aquatic Complex at 1426 S. Martin Luther King Jr. Avenue, Clearwater.
A section of the existing skate park will be converted for the proposed playground with antimicrobial protective
coating and adequate shade structures and will provide meaningful play experiences that encourage exploration
and self-discovery for children participating in the after-school programs funded through the Juvenile Welfare
Board as well as summer camps and community children and their families in a safe, supportive atmosphere at
the Ross Norton Recreation Complex. The City's Parks and Recreation Department continues to focus on
encouraging outdoor activities and healthy living for all residents within the community, and the proposed
playground will be accessible to children to enjoy an outdoor social space and assist in preventing the spread of
FY 2022-23 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 25 of 45
COVID-19. The Centers for Disease Control guidance states, "You are less likely to be exposed to COVID-19
during outdoor activities, even without the use of masks."
The Florida State Historic Preservation Officer reviewed the referenced project for possible effects on historic
properties listed, or eligible for listing, in the National Register of Historic Places. The review was conducted in
accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its
implementing regulations in 36 CFR Part 800: Protection of Historic Properties.
It is the opinion of this office that the proposed project will have no effect on historic properties. However, due to
ground disturbing activities, the following special condition regarding unexpected discoveries should be
included during project activities:
If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal
implements, historic building materials, or any other physical remains that could be associated with Native
American, early European, or American settlement are encountered at any time within the project site area, the
permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The
applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review
Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the
event that unmarked human remains are encountered during permitted activities, all work shall stop immediately
and the proper authorities notified in accordance with Section 872.05, Florida Statutes.
FY 2022-23 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 26 of 45
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 or
CDBG-CV 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 or CDBG-CV 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 or CDBG-CV 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 or CDBG-CV 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 or CDBG-CV 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 CDBG-CV. Parks & Recreation Dept (Ross Norton Playground) 15083 Page 27 of 45
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 Toss by theft or physical deterioration of any inventories of office
supplies, equipment, or other items purchased with CDBG or CDBG-CV 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 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 28 of 45
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 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 29 of 45
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 CDBG-CV. Parks & Recreation Dept (Ross Norton Playground) 15083 Page 30 of 45
Exhibit G
Timesheet Activity Report
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FY 2022-23 CDBG-CV.
Parks & Recreation Dept (Ross Norton Playground) 15083
Page 31 of 45
Exhibit H
Equal Employment Opportunity Clause for Subrecipients and Their
Contractors and Subcontractors
Standard Solicitation for Bid and Contract Language
(1) 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 CDBG-CV.
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.
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 32 of 45
(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)
(8)
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.
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
FY 2022-23 CDBG-CV. Parks & Recreation Dept (Ross Norton Playground) 15083 Page 33 of 45
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 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 34 of 45
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)
By: /kX- Mud -RP -a_
Signatu "
PARKS AND RECREATION DEPARTMENT
By:
Title: Intel -1M Rrjs 11 eel -eat; D/1 j, (ef!+ r
Print Name: Ar -i-- k
Date: 02
FY 2022-23 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 35 of 45
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 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 36 of 45
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 CDBG-CV. Parks & Recreation Dept (Ross Norton Playground) 15083 Page 37 of 45
(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 CDBG-CV. Parks & Recreation Dept (Ross Norton Playground) 15083 Page 38 of 45
Place of Performance
For Certification Regarding Drug -Free Workplace Requirements
Name of Subrecipient: Parks and Recreation Department
Program Name: Ross Norton Playground
Grant: Community Development Block Grant - Coronavirus (CDBG-CV)
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):
1426 S. Martin Luther King Jr. Avenue, Clearwater, Pinellas County, FL 33756
❑ Check this box if there are workplaces on file that are not identified here.
ATTEST:
(CORPORATE SEAL)
By:
Signature
PARKS AND RECREATION DEPARTMENT
By:
Signature
aci(--)4
Title: rei Par-ks4-R01vi rec40r—
Print Name:
Date:
�r f- Kader
a.�
FY 2022-23 CDBG-CV. Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 39 of 45
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 CDBG-CV. Parks & Recreation Dept (Ross Norton Playground) 15083 Page 40 of 45
1, 4 -} ri r'`acicr (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)
gI attest that Parks and Recreation Department does not meet the above threshold requiring names and total
compensation of the five most highly compensated officers of the entity if the entity.
D 1 attest that Parks and Recreation Department 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.
Signature of President/Executive Director/Board Chair
r-1- l"ad er
Printed Name of President/Executive Director/Board Chair
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING CDBG AGREEII/I
❑ online notarization, this /O
raterirn ireel- or
me or ❑ has produced
FY 2022-23 CDBG-CV.
ENT was ac o ledged before me by mean of 2/physical presence or
day of /Lr4iary/ , 2023, by 09r-1" leader as
of Parks and Recreation//Department/She is personally known to
as identific on.
ARY PUBLIC
Print Name: Ei/ion �. Iivi
My Commission Expires:
Parks & Recreation Dept. (Ross Norton Playground) 15083 Page 41 of 45
Exhibit M
Authorization Signature Card
Name of Subrecipient: Parks and Recreation Department
Name of Applicant: Art Kader, Acting Director, Parks and Recreation Department
Address: 100 South Myrtle Avenue
City, State, Zip: Clearwater, FL 33756
Telephone Number: (727) 562-4823
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
NAME SIGNATURE
Ar -I- Karl er-
Zevivtio cuc c He& •
I certify that the signatures above are of the individuals authorized to execute financial documents.
esi.„
Date Signature of Authorized Official
FY 2022-23 CDBG-CV.
I n- eri vi P CKs t lec��af; D aired -0 r
Title of Authorized Official
Parks & Recreation Dept (Ross Norton Playground) 15083 Page 42 of 45
Exhibit N
Self -Certification of Annual Income
Community Developrent Brock Grant—CARES Act (CMG -CV)
Self -Certification of Annual Income
INSTRUCTIONS: Ties is a wrdten statement from the particOact documenting the to on used to determine
"Annual Gross Income," the number of beneficiary rnernbers inthe family or household, and the rte"
characteristics of each member for the purposes of income detemmnation. To complete this statement, select
the definition of income used, fiN in the blank fields below, and disclose the total annum corrlbined income of IA
members in the household. Adult participants must then sign this statement to certify that the information is
complete and ac ctxa e, and that source documentation wit be provided upon request
Income Definition Used (Select One):
Participant Name (First and Last):
Race:
®White
BladdAfrican Americo
0 Asian
American Alaskan Native
Native HawaiianlOther Pectic Islander
o American ! Alaskan Native & Wtnte
0 Asian &Mite
B4ad JAf ican American & White
o American krdian1Alaskan Native &
O .,4
24 CFR Part 5 0 RS Form 1040
Ell donotknowmyrace
I deckle to disclose my race
Physical Address:
Apori rlent Na
city&Stine:
2tp Cade:
rot= tear Acctantel
Ethnic'
Hispani
S. Not Ifisparicitatino
Gondar: Male M Female
Data ofBirth
Co -Participant Natna(Firstand La
Race:
13 White
BtaddAfric anAmeriean
Amman
American IndianlAlaskan Native
® Native HawaikmfOther Pacific Islander
El American;IndionAlaskan Nafrve & White
Asian & White
BlackiAfrican American & White
O American IncianlAlaskanNative & BladrlAfric Ameiiearn
Other 'al
f do°nil know my race
Leto &dose my race
CDBG-CV S&f-Certification of Annual Income
Ethnicity:
El flispanidintke
0 Not tispariirAatino
Grinder: El Male 13 Female
Date of Birth: r ,
AO*:
Page of
FY 2022-23 CDBG-CV.
Parks & Recreation Dept (Ross Norton Playground) 15083
Page 43 of 45
Exhibit 0
Self -Certification of Duplication of Benefits
Comnualty o.r.iopn.nc Disci Grant - CARES Act (C1300 -CV)
ts•r .this canon of Duplication of Dan.tlts
Duplication M D.aoflir A ar€rrio 1 of boned' (DOM oars when a prion, noniron barrow gisimr mrt a caner
arty moms anon asmtace tom msrpa woes for are sono prom satin Me Qin tare pr1od. ant Ira lair
ara(r.a mound far lit pmapose la mors bin Its loll need for aalibnat. Jaren be COOG CV program. as gin
aro baud by Socha 312 of Me shaman Act as asesd.a by be anis Raoorsry Rim Atari ata be CMD cat P1141..
WM2CFR pmt200Ind rowans a• cads bbaTeoearyend masoningforstnwarm=orbsFedoraasai-
TMcabrcan mat tocandied Way wfssmfpna. Mtarlos or Ny Minn and tensaeary. a dew amity lid
rearms as tiara and Ginn b dortamad co psnoo son 6e CARGS Ad my/a en ° arras Dial Mere aro adsgmdss
promises hdoom b prowl ayampd6ondi:Groan
Moir. Mss arbacdon stns b araeormeaps Mel any wrrselprt 1mMOs or tory. °mamma, 420:11311111110.7, or
der amity Andrnlaor and wises Mal far CDe3-01 ands null 1e mord r such arrldam a a batsman b a
.. '"`AAM 4c4t= ea at
*O.
WON ortryba! 1 nom nal recammd ad do nom rassonsbly asilcp . rsoMnKL a dspsarse
1 emir los caMrab.n 1r Gavial war lei amicalln for be Cay of O.rtslerrParkl and nsussarn D.paard
COOGCV Ross Norton ibriyound mint propd barred by Ifie UAL Ospirbeani of Homingand MonOuvmpmmd
MD) in a swimmer appRpsdln nimbi Cationey Os..apamss soak lbws -CAMs Aa (f213-0/).
1 Ina man% or t e resmsmby redpdad awl 1 gel mscens. Me rtafrtq asaba.oe Siding b prawn. Prawns a r. or
sword lobs CauminalOOY1P19pa oriclorbeonspapasfrogbatebacwin(otmaa1lidappgad
--- -,
Gia
Acari
Li OR* d FYu.. Can* COW dti..r..rf..,oragar load l—• _
CAM$ A.pc.rvwlra oral lirrd.
item kw sow b brrda rpse}}
:
:.
� �
bre you a a nourassel miser pps1OabyCONDOS? Drs 0iia
Ho you aolNga obacknobmorn an/alarm! orOng amediro101io ®HO
baled arts(1) of be Orosrq
1fWKNOTapptararorsnaOatripssWrosforttesoraPupasstenbeinnsImopriodramRrtsrml
flaw bras paoQsow minim wry soma
0 1 RAVE rec.nad Wino ardor.a for be son using want ban sons brim psnod ban be Brous programp) b
mrd at rapandy b be impact of be CdufD19 pudsia Ombra Masrlgrai program now ammo maned.
die rabren4 ad a dirMdion orb:m aans son a are my mad peas be spsso¢
Q IIwo APPLIED rrarcing mbar= trbeIsmsprrposwlenInosum mpain Isidro, aoPR:akinisMOM
wombs blbermpmagma. woosarniatfird program 11•11S, mad mensin andaa.svlpbonT*I *Inaoni
Os mod assns be speckle;
Piss eclat your COMO Imnfrlp In debt
D!' doling boost Poo arty Moil I I I lawman It oenpfrs ad Sorin V*s ales b grain upon robin doaMssisn
enMb lithe WhirMDGeonletProprieMaiWtMrr. MINN& tslbrssbonprided onObi blob arisenweorree
by ROD ands M ROD Orossar oprin Adsitbr for d.q ins Sy ambAnr tis Calla lin sallorols) aokrrr4&.rd
urd.rsi d Rot Ws la Urged abbe Cods imam 1001: (1) emir.s b o *bin of bird bar for . parson to moonily and
ib (iarmry, canaid. et oar up . ra..rld int pi ran any ermlrbly ar.w arsYma cr *adios .rm.nrre
nprarsi/wt OR (a} raise or use any bin r.lbq a down** 1rodno a termini • aslslrsy isnot scOra w lard for
isismantcrt rmsnisiowfaaybaendinsUMW ernOra oroMardWnoparm•anl.ptiram raretmooMn
be SR inns. abort Mial.m/ los midi bin for arMrforioe Ewen NOM
dito idpert
Memo
amts
FY 2022-23 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083
Page 44 of 45
Exhibit P
Duplication of Benefits Calculation Worksheet
Community Development Block Grant — CARES Mt (CDBG.CV)
Duplication of Benefits Calculation Worksheet
/giant Name ' kIdertify time period toexpend iffidirApplicant Adckestz
^S t�
.._. xr t.F ,,;,::s' r` ., Case ID:
Deterrddng Dupication of Benefits
To analyze dupication of benefits` complete the folowing step
1. Assess Need: Determine the amount of need (total cost).
2. Determine Assistance: Determine the amount of assistance that has or wi be provided from al sources to pay
for the cost.
3. Cdauiate Unmet Need: Determine the amount of assistance al eedy provided compered to the need to
determinne the maximum COBG-CV award (unmet need).
4_ Document Analysis: Document calculation mid maintain adequate doamentation juetiyi g date mintion of
maximum award
Services tostart cn and end
1. identity Applicant's Total (Maximum) Need for application period.
2. identify Total Non -HUD related Assistance Received and will expend for the time period.
3. Identify Total HUD related Assistance Received and wMl expend for the time period
Stale of Fioride. Pinesas Canty. City d Clearwater, or other local government —
CARES Acoronevirus Reid Funds
Assistance tom any non-proets ar fbased organizations (Please specify)
Other (Please specify)
3. Identify Total Assistance Received or Anticipated.
4. Calculate Maximum Award Possible (Item 1 minus Items 2 & 3)
My person or entity receivkig CABG -CV assistance (incundrg subroapients and direct ) awe to repay
assistance that is determwned to be duplcative.
Signature of 'Make Staff (Analyzed DupicaLion of Elamite): Dates
CDeG-CV Duplication of Benefits kalabtlon Worksheet Pap 1 of 1
FY 2022-23 CDBG-CV.
Parks & Recreation Dept. (Ross Norton Playground) 15083
Page 45 of 45
Community Development Block Grant - CARES Act (CDBG-CV)
Self -Certification of Duplication of Benefits
Duplication of Benefits: A duplication of benefits (DOB) occurs when a person, household, business, government, or other
entity receives financial assistance from multiple sources for the same purpose within the same time period, and the total
assistance received for that purpose is more than the total need for assistance. Within the CDBG-CV program, all grantees
are bound by Section 312 of the Stafford Act, as amended by the Disaster Recovery Reform Act, and the OMB Cost Principles
within 2 CFR part 200 that require all costs to be "necessary and reasonable for the performance of the Federal award."
This certification must be completed by any subrecipient, individual or family, business, direct beneficiary, or other entity that
receives assistance and serves to document compliance with the CARES Act requirement to ensure that there are adequate
procedures in place to prevent any duplication of benefits.
Further, this certification serves to acknowledge that any subrecipient, individual or family, business, direct beneficiary, or
other entity understands and agrees that the CDBG-CV funds must be repaid if such assistance is determined to be
duplicative.
I, Art Kader, Acting Director, Parks and Recreation Department
(Name/title of subrecipient, direct beneficiary, business owner(s), other entity)
100 South Myrtle Avenue, Clearwater, FL 33756
(Address)
located at
Hereby certify that I have not received, and do not reasonably anticipate receiving, a duplicative benefit.
I make this certification in connection with the application for the City of Clearwater/Parks and Recreation Department
CDBG-CV Ross Norton Playground project. The project is funded by the U.S. Department of Housing and Urban Development
(HUD) with a supplemental appropriation from the Community Development Block Grant - CARES Act (CDBG-CV).
I have received, or it is reasonably anticipated that I will receive, the following assistance funding to prevent, prepare for, or
respond to the Coronavirus/COVID-19 pandemic for the same purpose within the same time period (check all that apply and
include date/amount):
Were you or a household member impacted by COVID-19? (♦ Yes 0 No
Are you receiving or expecting to receive any additional or similar assistance? 0 Yes 0 No
Select one (1) of the following:
[2( I HAVE NOT applied for or received funding assistance for the same purpose within the same time period from Federal,
state, local programs, or from any other source.
❑ I HAVE received funding assistance for the same purpose within the same time period from the following program(s) to
assist in responding to the impact of the COVID-19 pandemic. Include lender/grant program name, amount received,
date received, and a description of how funds were or are being used (please be specific):
❑ 1 have APPLIED for funding assistance for the same purpose within the same time period, and my application is PENDING
from the following programs. Include lender/grant program name, amount requested, and a description of how funds will
be used (please be specific):
Please explain your COVID hardship in detail:
The Parks and Recreation Department will construct a multi -amenity playground for children at the Ross Norton Recreation Center, addressing the
community needs and impacts of COVID-19 while mitigating the effects and creating long -tens spaces designed to reduce the transmission of future
coronaviruses by providing additional space for outdoor activity and encouraging physical distancing.
By signing below, I/we certify that this information is complete and accurate. I/we agree to provide, upon request, documentation
on all benefits to the HUD Grantee/Program Administrator. WARNING: The information provided on this form is subject to verification
by HUD and the HUD Grantee/Program Administrator at any time. By executing this Certification, Applicant(s) acknowledge and
understand that Title 18 United States Code Section 1001: (1) makes it a violation of federal law for a person to knowingly and
willfully (a) falsify, conceal, or cover up a material fact; (b) make any materially false, fictitious, or fraudulent statement or
representation; OR (c) make or use any false writing or document knowing it contains a materially false, fictitious, or fraudulent
statement or presentation, t. any branch of the United States Government; and (2) requires a fine, imprisonment for not more than
five (5) y -.r .. h, is• may Jae ruled a felony, for any violation of such Section.
Art Kader, Acting Director
Signa ure of Participant Printed Name
Signature of Co -Participant
Printed Name Date
CDBG-CV Self -Certification of Duplication of Benefits - Parks & Rec (15083)
Page 1 of 1
Date
Amount
❑ State of Florida, Pinellas County, City of Clearwater, or other local government -
$
CARES Act/Coronavirus Relief Funds
❑ Assistance from any non -profits or faith -based organizations (Please specify)
$
❑ Other (Please specify)
$
Were you or a household member impacted by COVID-19? (♦ Yes 0 No
Are you receiving or expecting to receive any additional or similar assistance? 0 Yes 0 No
Select one (1) of the following:
[2( I HAVE NOT applied for or received funding assistance for the same purpose within the same time period from Federal,
state, local programs, or from any other source.
❑ I HAVE received funding assistance for the same purpose within the same time period from the following program(s) to
assist in responding to the impact of the COVID-19 pandemic. Include lender/grant program name, amount received,
date received, and a description of how funds were or are being used (please be specific):
❑ 1 have APPLIED for funding assistance for the same purpose within the same time period, and my application is PENDING
from the following programs. Include lender/grant program name, amount requested, and a description of how funds will
be used (please be specific):
Please explain your COVID hardship in detail:
The Parks and Recreation Department will construct a multi -amenity playground for children at the Ross Norton Recreation Center, addressing the
community needs and impacts of COVID-19 while mitigating the effects and creating long -tens spaces designed to reduce the transmission of future
coronaviruses by providing additional space for outdoor activity and encouraging physical distancing.
By signing below, I/we certify that this information is complete and accurate. I/we agree to provide, upon request, documentation
on all benefits to the HUD Grantee/Program Administrator. WARNING: The information provided on this form is subject to verification
by HUD and the HUD Grantee/Program Administrator at any time. By executing this Certification, Applicant(s) acknowledge and
understand that Title 18 United States Code Section 1001: (1) makes it a violation of federal law for a person to knowingly and
willfully (a) falsify, conceal, or cover up a material fact; (b) make any materially false, fictitious, or fraudulent statement or
representation; OR (c) make or use any false writing or document knowing it contains a materially false, fictitious, or fraudulent
statement or presentation, t. any branch of the United States Government; and (2) requires a fine, imprisonment for not more than
five (5) y -.r .. h, is• may Jae ruled a felony, for any violation of such Section.
Art Kader, Acting Director
Signa ure of Participant Printed Name
Signature of Co -Participant
Printed Name Date
CDBG-CV Self -Certification of Duplication of Benefits - Parks & Rec (15083)
Page 1 of 1