FUNDING APPROVAL AND HOME INVESTMENT PARTNERSHIPS AGREEMENT (2)DocuSign Envelope ID: 53839989-426F-4AED-A47C-9256801FF057
Funding Approval and HOME Investment Partnerships Agreement
Title II of the National Affordable Housing Act
Assistance Listings #14.239 - HOME Investment Partnerships Program
U.S. Department of Housing and Urban
Development
Office of Community Planning and Development
1. Grantee Name (must match the name associated with 3b.)
and Address
City of Clearwater
100 S Myrtle Ave
Clearwater, FL 33756-5520
2. Grant Number (Federal Award Identification Number (FAIN))
M23MC120230
3a Tax Identification Number
596000289
3b. Unique Entity Identifier (formerly DUNS):
SG2DQRMWJYL6
4. Appropriation Number
86 3/6 0205
5. Budget Period Start and End Date
FY 2023 through FY 2031
6. Previous Obligation (Enter "0" for initial FY allocation)
a. Formula Funds
b. Community Housing Development Org. (CHDO) Competitive
7. Budget Approved by the Federal Awarding Agency/Current Transaction (+ or -)
a. Formula Funds
1. CHDO (For deobligations only)
2. Non- CHDO (For deobligations only)
b. CHDO Competitive Reallocation or Deobligation
8. Revised Obligation
a. Formula Funds
b. CHDO Competitive Reallocation
9. Special Conditions (check applicable box)
® Not applicable Li Attached
$o
$532,649.00
$532,649.00
10. Federal Award Date (HUD Official's Signature Date)
9/27/2023
11. Indirect Cost Rate*
Administering Agencv/Dept.
Indirect Cost Rate
%
Direct Cost Base
12. Period of Performance Start and End Date
DDate in Box #10 - 09/30/2032
* If funding assistance will be used for payment of indirect costs pursuant to 2 CFR
200, Subpart E -Cost Pnnciples, provide the name of the departmenVagency, its
indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and
the direct cost base to which the rate will be applied. Do not include cost rates for
subrecipients.
This Agreement between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority of the HOME Investment Partnerships Act
(42 U.S.C. 12701 et seq.). The Grantee's approved Consolidated Plan submission/Application, the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended
from time to time) and this HOME Investment Partnership Agreement, form HUD -40093, including any special conditions, constitute part of this Agreement. Subject to the provisions
of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Grantee upon execution of this Agreement by the parties. All funds for the specified Fiscal
Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Grantee's execution of the amendment or other
consent. HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures issued
pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the
Grantee without the Grantee's execution of the amendment or other consent. The Grantee agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when
the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Grantee agrees to assume all of the responsibility for environmental
review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations, as may be amended from time to time. Where any
previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations, activities carried out under the grant
after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments.
The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award
Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in AppendixA to 2 CFR part 170.
The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1't of the 5th fiscal year after the expiration of the
period of availability for obligation. Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C. 1552. The
Grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance.
The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be amended, if
applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America
Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to
BABA requirements, unless excepted by a waiver.
13. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. Signature 15. Date
Larry T. Hayes MBA, CPD Director L % 9'/21/2023
16. For the Grantee (Name and Title of Authorized Official)
Jennifer Poirrier, City Manager
19. Check one: ® Initial Agreement ❑ Amendment #
17. Signature
18. Date
/ /
20. Funding Information:
Source Year of Funds
Appropriation Code
PAS Code
Amount
2023
86 3/6 0205
HMF (M)
$532,648.00
2016
86X0205-16
HMF
$ 1.00
Total
(D)
$532,649.00
Page 1 form HUD -40093
DocuSign Envelope ID: 53839989-426F-4AED-A47C-9256801 FF057
Funding Approval and HOME Investment Partnerships Agreement
Title II of the National Affordable Housing Act
Assistance Listings #14.239 - HOME Investment Partnerships Program
U.S. Department of Housing and Urban
Development
Office of Community Planning and Development
1. Grantee Name (must match the name associated with 3b.)
and Address
City of Clearwater
100 S Myrtle Ave
Clearwater, FL 33756-5520
2. Grant Number (Federal Award Identification Number (FAIN))
M23MC120230
3a Tax Identification Number
596000289
3b. Unique Entity Identifier (formerly DUNS):
SG2DQRMWJYL6
4. Appropriation Number
86 3/6 0205
5. Budget Period Start and End Date
FY 2023 through FY 2031
6. Previous Obligation (Enter "0" for initial FY allocation)
a. Formula Funds
b. Community Housing Development Org. (CHDO) Competitive
7. Budget Approved by the Federal Awarding Agency/Current Transaction (+ or -
$0
$532,649.00
a. Formula Funds $532,649.00
1. CHDO (For deobligations only)
2. Non- CHDO (For deobligations only)
b. CHDO Competitive Reallocation or Deobligation
8. Revised Obligation
a. Formula Funds
b. CHDO Competitive Reallocation
9. Special Conditions (check ap licable box)
® Not applicable LI Attached
10. Federal Award Date (HUD Official's Signature Date)
9/27/2023
11. Indirect Cost Rate*
Administering Agency/Dept.
Indirect Cost Rate
Direct Cost Base
12. Period of Performance Start and End Date
DDate in Box #10 - 09/30/2032
If funding assistance w'll be used for payment of indirect costs pursuant to 2 CFR
200, Subpart E -Cost Pnnciples, provide the name of the department/agency, its
indirect cost rate (including ifthe de minimis rate is charged per 2 g CFR 200.414), and
the direct cost base to which the rate will be applied. Do not include cost rates for
subrecipients.
This Agreement between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority of the HOME Investment Partnerships Act
(42 U.S.C. 12701 et seq.). The Grantee's approved Consolidated Plan submission/Application, the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended
from time to time) and this HOME Investment Partnership Agreement, form HUD -40093, induding any special conditions, constitute part of this Agreement. Subject to the provisions
of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Grantee upon execution of this Agreement by the parties. All funds for the specified Fiscal
Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Grantee's execution of the amendment or other
consent. HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures issued
pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the
Grantee without the Grantee's execution of the amendment or other consent. The Grantee agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when
the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Grantee agrees to assume all of the responsibility for environmental
review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations, as may be amended from time to time. Where any
previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations, activities carried out under the grant
after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments.
The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) conceming the Universal Numbering System and System for Award
Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170.
The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1*1 of the 5"' fiscal year after the expiration of the
period of availability for obligation. Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C. 1552. The
Grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance.
The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be amended, if
applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, 'Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America
Provisions as Applied to Recipients of HUD Federal Financial Assistance' (88 FR 17001) any funds obligated by HUD on or after the applicable listed effective dates, are subject to
BABA requirements, unless excepted by a waiver.
13. For the U.S. Department of HUD (Name and Title of Authorized Official)
Larry T. Hayes MBA, CPD DirectorL 41V1 AT'
14. Signature
16. For the Grantee (Name and Title of Authorized Official)
Jennifer Poirrier, City Manager
17. Signature
15. Date
9/21/2023
18. Date
/ /
19. Check one: ® Initial Agreement ❑ Amendment #
20. Funding Information:
Source Year of Funds
Appropriation Code
PAS Code
Amount
2023
86 3/6 0205
HMF (M)
$532,648.00
2016
86X0205-16
HMF
$ 1.00
Total
(D)
$532,649.00
Page 1 form HUD -40093
DocuSign Envelope ID: 210978A7-ED48-47FD-8DAA-D4DF8798B6AB
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI -00515R of 20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424)
City of Clearwater
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
100 S Myrtle Ave
Clearwater, FL 33756-5520
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program
OMB Approval No. 2506-0193
exp 1/31/2025
3a. Grantee's 9 -digit Tax ID Number
596000289
3b. Grantee's 9 -digit DUNS Number
SG2DQRMWJYL6 (UEI)
4. Date use of funds may begin
10/01/2023
5a. Project/Grant No. 1
B -23 -MC -12-0002
5b. Project/Grant No. 2
6a. Amount Approved
$913,337.00 (by this action)
6b. Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute
part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -
U.S. Department of Housing and Urban Development (By Name)
Larry T. Hayes, MBA
Grantee Name (Contractual Organization)
City of Clearwater
Title
CPD Director
Title
Jennifer Poirrier, City Manager
Signature
e—b by:
X 'jam /N`
Date (mm/dd/yyyy)
9/27/2023
Signature
XI
Date (mm/dd/yyyy)
'•-67B98F2ED28F42A..
7. Category of Title I Assistance for this Funding Action:
Entitlement, Sec 106(b)
8. Special Conditions
(check one)
0 None
9a. Date HUD Received Submission
(mm/dd/yyyy)
10. check
®X a.
one
Orig. Funding
Approval
Amendment
Amendment Number
9b. Date Grantee Notified
(mm/ddlyyyy)
►'ii X Attached
■ b.
9c. Date of Start of Program Year
10/01/2023
11. Amount of Community Development
Block Grant
FY 2023
a. Funds Reserved for this Grantee
b. Funds now being Approved
$913,337.00
c. Reservation to be Cancelled
(11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved
N/A
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive loan
guarantee assistance, and agrees to comply with the terms and conditions
of the Agreement, applicable regulations, and other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
12b. Name and complete Address of Public Agency
12c. Name of Authorized Official for Designated Public Agency
Title
Signature
X
HUD Accounting use Only
Batch TAC Program Y A Reg Area Document No.
1
5
3
1
7
6
0
Project Number Category
Project Number
Project Number
Amount
Amount
Amount
Effective Date
(mm/dd/yyyy) F
Date Entered PAS (mm/dd/yyyy)
Date Entered LOCCS (mm/dd/yyyy)
Batch Number
Transaction Code
Entered By
Verified By
24 CFR 570
form HUD -7082 (5/15)
DocuSign Envelope ID: 210978A7-ED48-47FD-8DAA-D4DF8798B6AB
8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance
specified in the Funding Approval ("Funding Assistance") shall each begin on the
date specified in item 4 and shall each end on September 1, 2030. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2030.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the rate(s)
described in the schedule. The schedule and any revisions HUD receives from the
Recipient shall be incorporated herein and made a part of this Agreement, provided
that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
%
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used per
2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall
comply with requirements established by the Office of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Universal Numbering System
(DUNS); the System for Award Management (SAM.gov.); the Federal Funding
Accountability and Transparency Act as provided in 2 CFR part 25, Universal
Identifier and General Contractor Registration; and 2 CFR part 170, Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use. For the purposes of this
requirement, public use shall not be construed to include economic development
that primarily benefits private entities. Any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related, communication -
related, water- related and wastewater -related infrastructure), other structures
Docu
ign Envelope ID: 210978A7-ED48-47FD-8DAA-D4DF8798B6AB
designated for use by the general public or which have other common -carrier or
public -utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell, trade, or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non -Federal considerations, but must use such funds for activities
eligible under title I of the Act.
(f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of
this agreement, no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order (E.O.) 12372,
Intergovernmental Review of Federal Programs, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures required under E.O. 12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O. 12372 and implementing regulations.
(g)
CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements." (Source -
P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015,
Division K, Title II, Community Development Fund).
(h) The Grantee must comply with the requirements of the Build America, Buy
America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as
may be amended, if applicable to the Grantee's infrastructure project. Pursuant to
HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and
2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD
on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
DocuSign Envelope ID: 210978A7-ED48-47FD-8DAA-D4DF8798B6AB
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI -00515R of 20515R
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program
OMB Approval No. 2506-0193
exp 1/31/2025
1. Name of Grantee (as shown in item 5 of Standard Form 424)
City of Clearwater
3a. Grantee's 9 -digit Tax ID Number
596000289
3b. Grantee's 9 -digit DUNS Number
SG2DQRMWJYL6 (UEI)
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
100 S Myrtle Ave
Clearwater, FL 33756-5520
4. Date use of funds may begin
10/01/2023
5a. Project/Grant No. 1
B -23 -MC -12-0002
6a. Amount Approved
$913,337.00 (by this action)
5b. Project/Grant No. 2
6b. Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute
part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -
recipient entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Larry T. Hayes, MBA
Title
CPD Director
Signature
Grantee Name (Contractual Organization)
City of Clearwater
Title
Jennifer Poirrier, City Manager
—DbouSipi.d by:
X
—67B98F2ED20F42h..
Date (mm/dd/yyyy)
9/27/2023
Signature
Date (mm/dd/yyyy)
7. Category of Title !Assistance for this Funding Action:
Entitlement, Sec 106(b)
8. Special Conditions
(check one)
0 None
®X Attached
9a. Date HUD Received Submission
(mm/dd/yyyy)
9b. Date Grantee Notified
(mm/dd/yyyy)
9c. Date of Start of Program Year
10/01/2023
10. check one
®X a. Orig. Funding
Approval
0 b. Amendment
Amendment Number
11. Amount of Community Development
Block Grant
FY 2023
a. Funds Reserved for this Grantee
b. Funds now being Approved
$913,337.00
c. Reservation to be Cancelled
(11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved
N/A
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive loan
guarantee assistance, and agrees to comply with the terms and conditions
of the Agreement, applicable regulations, and other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
12b. Name and complete Address of Public Agency
12c. Name of Authorized Official for Designated Public Agency
Title
Signature
X
HUD Accounting use Only
Batch TAC Program Y A Reg Area Document No.
1
5
3
1
7
6
Project Number
Project Number
Proiect Number
Category
Amount
Amount
Amount
Effective Date
(mm/dd/yyyy) F
Date Entered PAS (mm/dd/yyyy)
Date Entered LOCCS (mm/dd/yyyy)
Batch Number
Transaction Code
Entered By
Verified By
24 CFR 570
form HUD -7082 (5/15)
Docuign Envelope ID: 210978A7-ED48-47FD-8DAA-D4DF8798B6AB
8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance
specified in the Funding Approval ("Funding Assistance") shall each begin on the
date specified in item 4 and shall each end on September 1, 2030. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2030.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the rate(s)
described in the schedule. The schedule and any revisions HUD receives from the
Recipient shall be incorporated herein and made a part of this Agreement, provided
that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
%
%
%
%
%
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used per
2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall
comply with requirements established by the Office of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Universal Numbering System
(DUNS); the System for Award Management (SAM.gov.); the Federal Funding
Accountability and Transparency Act as provided in 2 CFR part 25, Universal
Identifier and General Contractor Registration; and 2 CFR part 170, Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use. For the purposes of this
requirement, public use shall not be construed to include economic development
that primarily benefits private entities. Any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related, communication -
related, water- related and wastewater -related infrastructure), other structures
Docu ign Envelope ID: 210978A7-ED48-47FD-8DAA-D4DF8798B6AB
designated for use by the general public or which have other common -carrier or
public -utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell, trade, or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non -Federal considerations, but must use such funds for activities
eligible under title I of the Act.
E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of
this agreement, no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order (E.O.) 12372,
Intergovernmental Review of Federal Programs, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures required under E.O. 12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O. 12372 and implementing regulations.
(0
(g)
CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements." (Source -
P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015,
Division K, Title II, Community Development Fund).
(h) The Grantee must comply with the requirements of the Build America, Buy
America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as
may be amended, if applicable to the Grantee's infrastructure project. Pursuant to
HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and
2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD
on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
P.0MENT0F
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1.1*I1.
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9e4N DEVE\P
September 27, 2023
The Honorable Frank Hibbard
Mayor of Clearwater
Office of the Mayor
PO Box 4748
Clearwater, FL 33756
Dear Mayor Hibbard:
SUBJECT: Fiscal Year 2023 Grant Agreement Transmittal
U. S. Department of Housing and Urban Development
Jacksonville Field Office
CPD Division, 4HD
Charles Bennett Federal Building
400 West Bay Street, Suite 1015
Jacksonville, Florida 32202-4410
The Jacksonville Field Office would like to thank you for your continued partnership in providing
quality affordable housing, a suitable living environment, and expanding economic opportunities for low -
and moderate -income persons through HUD programs. On Thursday, June 10, 2021, the Department
published an interim final rule with a request for comments, titled: Requesting Affirmatively Furthering
Fair Housing Definitions and Certifications (86 Fed Reg 30779). The effective date for the interim rule is
July 31, 2021, and you are encouraged to review the interim rule in developing your programs.
One Grant Agreement is attached for each program awarded as follows:
Community Development Block Grant (CDBG) $913,337
HOME Investment Partnerships (HOME) $532,649
Total FY2023 Award $1,445,986.00
Plan Approval
Transmittal of a grant agreement does not constitute approval of the activities described in your
Consolidated Plan. You are reminded that you, as grantee, are responsible for ensuring that all grant funds
are used in accordance with all program requirements. An executed Grant Agreement is a legally binding
agreement between the Department of Housing and Urban Development and your agency.
Please note the special conditions attached to each Funding Agreement, including CDBG.
In accordance with the HOME regulations at 24 CFR 92.254(a)(5), a Participating Jurisdiction
(PJ) must establish resale and/or recapture requirements that comply with the standards of the
regulation. Furthermore, the resale and/or recapture requirements must be set forth in the PJ's
Consolidated Plan. HUD must determine if the PJ's provisions comply with the requirements of the
regulations and notify the PJ in writing of its determination. HUD has reviewed your resale and/or
recapture provisions and has determined that the provisions included in the Plan comply with the
requirements at 24 CFR 92.254(a)(5).
www.hud.gov espanol.hud.gov
Environmental Review Requirements
You are reminded that certain activities are subject to the provisions of 24 CFR Part 58
(Environmental Review Procedures). Funds for such activities may not be obligated or expended until
HUD has approved the release of funds in writing. A request for release of funds (RROF) must be
accompanied by an environmental certification, and until the RROF is approved and notification is
received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or
categorically excluded (except in extraordinary circumstances), no RROF is required.
Build America, Buy America (BABA)
On November 15, 2021, the Build America, Buy America Act (the Act) was enacted as part of the
Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58. The Act establishes a domestic content
procurement preference, the Buy American Preference (BAP), for Federal programs that permit Federal
financial assistance to be used for infrastructure projects. In Section 70912, the Act further defines a project
to include "the construction, alteration, maintenance, or repair of infrastructure in the United States" and
includes within the definition of infrastructure those items traditionally included along with buildings and
real property. Starting May 14, 2022, new awards of Federal financial assistance (FFA) from a program
for infrastructure, and any of those funds obligated by the grantee, are covered under the Build America,
Buy America (BABA) provisions of the Act, 41 U.S.C. 8301 note. The waiver, published March 15, 2023,
establishes a phased implementation schedule for application of the BAP to covered materials and HUD
programs.
The BAP is applicable now to iron and steel used in covered CDBG projects, i.e. for projects using
funds obligated on or after November 15, 2022. For CPD, the BAP will apply next to iron and steel used in
covered Recovery Housing Program (RHP) projects for funding obligated on or after August 23, 2023. The
Phased Implementation waiver established the following implementation schedule for HUD programs:
BAP will apply to...
Iron and Steel
Specifically Listed
Construction
Materials
All Other
Construction
Materials
Manufactured
Products
CDBG Formula Grants
All funds obligated on
or after November 15,
2022
As of the date HUD
obligates new FFA
from FY24
appropriations
As of the date HUD
obligates new FFA
from FY25
appropriations
As of the date HUD
obligates new FFA
from FY25
appropriations
Choice Neighborhood,
Lead Hazard Reduction,
and Healthy Homes
Production Grants
New FFA obligated by
HUD on or after
February 22, 2023
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
Recovery Housing
Program (RHP) Grants
New FFA obligated by
HUD on or after
August 23, 2023
As of the date HUD
obligates new FFA
from FY24
appropriations
As of the date HUD
obligates new FFA
from FY25
appropriations
As of the date HUD
obligates new FFA
from FY25
appropriations
All HUD FFA except
HOME, Housing Trust
Fund, and Public
Housing FFA used for
maintenance projects
New FFA obligated by
HUD on or after
February 22, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
All HUD FFA
New FFA obligated by
New FFA obligated
New FFA obligated
New FFA obligated
HUD on or after
by HUD on or after
by HUD on or after
by HUD on or after
August 23, 2024
August 23, 2024
August 23, 2024
August 23, 2024
Additional details on fulfilling the BABA requirements can be found at
https://www.hud.gov/program_offices/general_counselBABA.
Executing the Grant Agreement
Please execute each Grant Agreement with electronic signature and date and return to this office
to the attention of Floretta Green, Program Manager, Community Planning and Development at
Floretta.W.Green@hud.gov. Please ensure the Chief Elected Official and/or authorized designee
electronically signs the CDBG grant agreement in the box directly across from the HUD CPD Director's
signature. The CDBG Grant Agreement should not be electronically signed in box 12c. Maintain a copy
of each agreement with your original signature on-site in your program files.
For additional information and guidance on grant -based accounting, please refer to the HUD
Exchange at: https://www.hudexchange.info/manage-a-program/grant-based-accounting/.
To establish a Line of Credit for Fiscal Year 2023 grant funds, it will be necessary for your agency
to sign, execute and return one (1) copy of each Grant Agreement. If there is a need to add or remove
individuals authorized to access the Integrated Disbursement Information System (IDIS), please submit an
IDIS Online Access Request Form (HUD 27055), notarize, and return to this office. Additionally, if there
is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit
Sign -Up form (SF -1199A) must be completed by your financial institution and returned to this office with
a copy of a voided check.
HUD congratulates Clearwater on its grant awards, and we look forward to assisting you in
accomplishing your program goals. If you have any questions or need further information or
assistance, please contact Anita DeSilva, CPD Representative, via email at
Anita.D.Desilva@hud.gov, or by phone at 904-208- 6071.
Sincerely,
Digitally,dgned by: LARRY
HAYE
DN: = LARRY HAYES C = US
Govemment OU
nt of Housing and
Development, Office of
unity Planning and
opment
=. [ate: 2023.09.27 13:08:18 -04'00'
Larry T. Hayes, MBA
Director
Community Planning and Development
Enclosures: Grant agreement FY23 CDBG, Grant agreement FY23 HOME