COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTThis instrument was prepared by:
Terry Malcolm -Smith
The City of Clearwater
Economic Development & Housing Dept
P.O. Box 4748
Clearwater, FL 33758
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BY AND BETWEEN
CITY OF CLEARWATER, FLORIDA, AND
THE KIMBERLY HOME, INC
This Community Development Block Grant (this "Agreement") is entered into on 5th April, 2024 by and
between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation whose mailing
address is P.O. Box 4748, Clearwater, Florida 33758 (the "City) and THE KIMBERLY HOME, INC,
a Florida not-for-profit corporation, whose principal address is 1189 N.E. Cleveland Street, Clearwater,
FL 33755 ("Kimberly Home" or the "Agency").
WHEREAS, the Agency has applied through the City of Clearwater Economic Development &
Housing Department to borrow funds for the rehabilitation of Building 1180A at the property located at
1180 Grove Street, Clearwater, Florida 33755 ("the Project"); and
WHEREAS, the City operates a program offering CDBG funds to provide such financing (the
"Program"); and
WHEREAS, the Agency has previously executed a Promissory Note, a Mortgage, and a Land
Use Restriction Agreement (the "LURA") all dated March 30, 2022 in connection with rehabilitation
activities at 1180 Grove Street, Clearwater, Florida 33755.
WHEREAS, the City and Agency desire to enter into a new written agreement assuring that the
Project is rehabilitated in compliance with the terms and conditions imposed by the CDBG Program and
the City of Clearwater rehabilitation standards; and
WHEREAS, in accordance with the National Objective (24 CFR 570.208); the Agency certifies
that the activities carried out under this Agreement will meet one or more of the CDBG program's
national objectives as defined in 24 CFR Part 570.208: 1) benefit low/moderate income persons 2) meet
community development needs having a particular urgency.
NOW THEREFORE, in consideration of the promises and covenants contained herein, the City
and the Agency agree as follows:
1. USE OF CDBG FUNDS
The Agency shall use the CDBG funds provided to finance the Project for the rehabilitation of
Building 1180A on the property located at 1180 Grove Street, Clearwater, FL 33755, and further
described in the legal description below:
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Lots 35 and 36, Block D, Bassedena Subdivision, according to the map or plat thereof, as
recorded in Plat Book 6, Page 26 of the Public Records of Pinellas County, Florida.
(the "Property")
Building 1180A on the Property is to be developed as affordable transitional rental housing in
accordance with the Program. The Agency covenants that this unit will be rented to an income -
eligible homeless pregnant female. The unit will be restricted to an income -eligible tenant, as defined
in Section 2, for twenty (20) years. This Agreement incorporates by reference, terms and conditions
described in the Commitment Letter, the Mortgage, the Note, and the Amended LURA (all executed
on even date herewith and together with this Agreement the "Loan Documents"), and any other
agreements enforcing the CDBG requirements associated with the Loan Documents. The budget for
the Project is estimated to be One Hundred Seventy -Eight Thousand Two Hundred Fourteen
Dollars and 05/100 Cents ($178,214.05). Eligible expenses incurred on or after the effective date of
this Agreement will be reimbursed in accordance with the terms and conditions of Section 6 (Request
for Disbursement of Funds), the Mortgage, and the Note. Project rehabilitation will commence and
be completed as defined and set forth in the affordable housing development schedule attached hereto
as Schedule "A".
2. AFFORDABILITY OF CDBG-ASSISTED UNITS
The unit rehabilitated on the Property shall be rented to an income -eligible tenant (the "CDBG-
assisted unit") who, at time of occupancy shall have annual household income which does not exceed
eighty percent (80%) of the Area Median Income (AMI), as determined and made available by
the U.S. Department of Housing and Urban Development (HUD), with adjustments for family size.
3. AFFORDABILITY PERIOD
The Affordability Period for the CDBG-assisted unit shall commence upon execution of the Loan
Documents and shall end twenty (20) years thereafter.
4. INCOME ELIGIBILITY; PROJECT REQUIREMENTS
The Agency shall ensure the occupant of the CDBG-assisted unit's annual household income does
not exceed eighty percent (80%) of the Area Median Income (AMI), as determined and made
available by the U.S. Department of Housing and Urban Development (HUD), with adjustments for
family size. The Agency shall determine and verify the income eligibility of the occupant of the
CDBG-assisted unit in accordance with HUD Section 8 Housing Assistance Programs in 24 CFR
Part 5, or an alternative method pre -approved by the City for the Project. The Agency shall calculate
gross annual income by annualizing verified sources of income to be received by the household
during the twelve (12) months following the effective date of the determination. The Agency shall
ensure compliance with project requirements as defined in 24 CFR Part 570, Subpart K.
5. PROPERTY STANDARDS
The Agency attests that Project will meet all applicable local codes, standards, ordinances, and zoning
ordinances and meet current property standards defined in at the time of project completion and
throughout the duration of the Affordability Period.
6. REQUEST FOR DISBURSEMENT OF FUNDS
The Agency may not request disbursement of funds under this Agreement or the Note until the funds
are needed for payment of eligible costs. The amount of each request must be limited to the amount
[A04-01510 /286031/1] Page 2
needed. The City reserves the right to deny payment of incomplete or altered invoices, inadequately
documented expenses, or expenses for items and services the City deems not to be usual, customary,
and reasonable expenses related to improvements of the Project. Additionally, the City reserves the
right to not pay any contractor, subcontractor, material men or supplier wherein a dispute arises.
a) If the Agency receives notification from a third -party funding source of an offer for additional
funding to complete the Project, the Agency shall notify the City in writing within thirty (30) days
of receiving notification and submit a cost allocation plan for approval by the City within forty-
five (45) days of said notification. Should the Agency collect any third -party payments for eligible
activities for which the City has reimbursed the Agency, the Agency shall reimburse the City up
to the total amount reimbursed by the City.
b) The City shall pay for the work performed based on the Agency's delivery to the City of (i) an
invoice, (ii) check request, (iii) the delivery of an executed Partial Release of Lien or Final
Release of Lien for the work associated with the application for payment, and (iv) such other
documentation and information as reasonably requested by the City. Requests for the payment of
construction related costs shall be limited to a total of Five (5) requests for the entire Project.
Construction draw requests shall be in accordance with the Agency's executed agreement with
the construction contractor (the "Contractor"), and prior to submission to the City shall be signed
by the Contractor, the Agency, and a qualified owner's representative who shall attest to the
completion and quality of all work for which payment is being requested. Upon receipt and
acceptance of a complete reimbursement request, the City shall pay the Agency in accordance
with 2 CFR § 200.305(b)(3) (Federal Payment).
c) All disbursements by the City will be made to the Agency who shall be responsible for paying
the Contractor. Retainage in the amount specified in the construction contract with the Contractor
will be disbursed after all required work has been satisfactorily completed and the renovated unit
is ready for occupancy, in the City's reasonable discretion. Notwithstanding anything herein to
the contrary, the City shall have no obligation to fund the work if (i) the Agency is in default
under the terms of this Agreement or any other agreement between the Agency and the City, (ii)
the work subject to the payment request does not meet the minimum standards set forth by the
City, or (iii) the draw request includes items not in a budget approved by the City. The City has
the right, to be exercised in its sole and absolute discretion, to delay funding of the work until
such time that it receives a title endorsement from a nationally recognized title insurance company
providing that the Property and the improvements thereon, are free from construction liens. The
Agency shall comply with Chapter 713, Florida Statutes in all respects.
d) the Agency agrees that in the event that any grant is reduced or withheld by HUD, the City shall
not be liable for payment of Project expenses remaining unfunded by said reduced or withheld
amount of the grant, with the exception of services or activities contracted by the Agency, prior
to notification by HUD to the City of grant reduction or grant funding withheld.
e) The Agency shall insure recognition of the role of the City in providing funding through this
Agreement. Where possible, all media, press releases, and publications utilized pursuant to this
Agreement shall be prominently labeled as to the funding source.
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f) The Agency shall comply with all other requirements in Attachment "A", Financial and
Administrative Requirements, and Attachment "B", Employment and Personnel Requirements,
adopted and incorporated herein.
7. MONITORING AND INSPECTION
The Agency acknowledges that the City or its designee may, during rehabilitation, inspect the unit
for compliance with local code requirements and Housing Quality Standards as defined for the HUD
Section 8 Program.
8. RELOCATION AND DISPLACEMENT
The Agency acknowledges that the Agency will bear sole responsibility for any costs or
reimbursements, legal or otherwise, from person or persons claiming that they have been
involuntarily displaced by the acquisition of real property associated with development of the Project.
9. NONDISCRIMINATION
The Agency shall not discriminate, as defined by local, State, or Federal Statutes, on the basis of race,
creed, color, sex, age, disability, family status, or national origin in the rental of the units within the
Project or in connection with the employment or application for employment of persons for the
construction, or management of the Project. The Agency shall not illegally discriminate against
prospective tenants during or after the solicitation process.
10. CONSULTANT ACTIVITIES
For federally funded projects the Agency agrees to comply with the guidelines of 2 CFR § 200.430
in that no person providing consultant services shall receive more than a reasonable rate of
compensation for services paid with federal funds.
11. DEFAULT
The Agency will be in default of this Agreement, if the Agency materially fails to perform under
this agreement, including but not limited to:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statues, regulations, executive orders, or HUD guidelines, policies or directives as may
become applicable at any time;
b) Failure, for any reason, of the Agency to fulfill in a timely and proper manner its
obligations under this Agreement;
c) Ineffective or improper use of funds provided under this Agreement; or
d) Submission by the Agency to the City of reports that are incorrect or incomplete in any
material respect.
In the event of a default by the Agency, the City may impose additional conditions, including
requiring additional information from the Agency to determine reasons for, or extent of,
noncompliance or lack of performance, withhold authority to proceed to the next phase, require
additional project monitoring, or require the Agency to obtain technical or management assistance.
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The City may also give the Agency a reasonable opportunity to cure the default; reasonableness shall
be determined by the City and shall be based upon the nature and extent of the default.
12. REMEDIES
In the event of a default, the City shall be entitled, in addition to all other remedies provided in law
or equity:
a) To compel specific performance by the Agency of its obligations under this Agreement;
b) In accordance with 2 CFR § 200.339, if the City determines, in its sole discretion, that non-
compliance or non-performance of the terms of the Agreement cannot be remedied by the
imposition of additional conditions, or if the City determines that an opportunity to cure the
default is unwarranted or will likely be ineffective, the City may take one or more of the following
actions upon seven (7) calendar days' notice in writing to the Agency:
i. Temporarily withhold reimbursement requests pending correction
deficiency;
ii. Disallow use of funds and any applicable matching credit for all, or a
the activity or action not in compliance;
iii. Initiate suspension or debarment proceedings;
iv. Withhold further Federal awards for the Project or program;
v. Wholly or partly suspend or terminate this Agreement; or
vi. Take any other legal or equitable action available.
of the identified
part of the cost of
Per 2 CFR § 200.342, the Agency will be entitled to hearings, appeals or other administrative
proceedings to which the Agency is entitled under any statute or regulation applicable to the action
involved.
13. TERMINATION
Termination for Cause. This Agreement may be terminated by the City for cause in accordance with
Section 12: Remedies herein.
Termination for Convenience. This Agreement may be terminated by the City or the Agency, in whole
or in part, upon sixty (60) days written notice by the terminating party, by setting forth the reasons
for such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination initiated by the Agency, the City
determines that the remaining portion of the award will not accomplish the purpose for which the
award was made, the City may terminate the award in its entirety. When applicable, the City will
follow requirements per 2 CFR § 200.341 for reporting termination of this Agreement to the OMB -
designated integrity and performance system, System for Award Management (SAM) database.
Closeout. Upon termination, in whole or in part, the parties hereto remain responsible for compliance
with the requirements in 2 CFR § 200.344 (Closeout) and 2 C.F.R. § 200.345 (Post -closeout
adjustments and continuing responsibilities).
Effects of Termination. Costs to the Agency resulting from obligations incurred by the Agency, or
during a suspension after termination of the Agency are not allowable unless the City otherwise
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expressly authorizes the Agency in the notice of suspension or termination. Costs to the Agency
during suspension or after termination are allowable if resulting from obligations which were
properly incurred before the effective date of suspension or termination, or if the costs would be
allowable if the Agreement was not suspended or expired normally at the end of the Agreement in
which the termination takes effect.
14. HOLD HARMLESS
The Agency shall defend, indemnify and hold the City and all of its officers and employees, harmless
from and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every
kind or nature, by, or on behalf of, any person or persons whomsoever or whatsoever arising out of
or in any matter resulting from or connected with any accident, injury, death or damage that may
happen during the time period covered by this Agreement, provided that the claims do not arise from
the actions of the City or its officers or employees. The Agency will defend any actions or suits
brought against the City by reason of the Agency's failure or neglect in complying with any of the
conditions and obligations of this Agreement, or any tort liability arising out of actions of the Agency
or any of its agents or subcontractors.
15. INSURANCE
The Agency shall maintain insurance coverage in form and amount deemed adequate by the City for
all risks inherent in the functions and aspects of its operation including but not limited to risks of fire,
casualty, automobile liability coverage, workmen's compensation insurance as required by law, and
public liability insurance for personal injury and property damage.
16. NOTICES; AGREEMENT REPRESENTATIVES
a) Notices required by this Agreement shall be in writing and delivered via mail (postage required),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notices delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise identified in this Agreement or modified by
subsequent written notice.
b) The Project shall be conducted and administered under the direction of the Agency representative.
Unless otherwise specified herein or necessary, the Agency representative shall coordinate Project
implementation with the City representative (the "Project Manager"). Further, unless otherwise
stipulated herein or necessary, all notices, invoices, payments, reports, and other written
communications shall be conducted and exchanged between the representatives for the Agency
and the City, the contact information for whom follows:
ADDRESS OF THE CITY OF CLEARWATER
Economic Development & Housing
P. O. Box 4748
Clearwater, Florida 33758
Attn: Assistant Director
[A04-01510 /286031/1] Page 6
ADDRESS OF THE AGENCY
The Kimberly Home, Inc.
1189 N. E. Cleveland
Clearwater, Florida 33755
Attn: Kathleen M. Kelly
17. AFFIRMATIVE MARKETING
The Agency shall adopt appropriate procedures for affirmatively marketing the CDBG-assisted unit
of the Project. Affirmative marketing consists of good faith efforts to provide information and
otherwise to attract to the available housing, eligible persons from all racial, ethnic and gender groups
in the housing market area. The Agency shall be required to use affirmative fair housing marketing
practices in soliciting and determining eligibility, concluding transactions, and affirmatively further
fair housing efforts. The Agency must maintain a file containing all marketing effort (i.e. copies of
newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection on request
by the City. The Agency must provide a description of intended actions that will inform and otherwise
attract eligible persons from all racial, ethnic, and gender groups in the housing market of the
available housing. The Agency must provide the City with an assessment of the affirmative marketing
program. Said assessment must include: a) methods used to inform the public about federal fair
housing laws and affirmative marketing policy; b) methods used to inform and solicit applications
from persons in the housing market who are not likely to apply without special outreach; and c)
records describing actions taken by the participating entity and/or owner to affirmatively market
units; and d) records to assess the results of these actions.
18. ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to and may be enforced by the City for the duration of this
Agreement, whether or not the City shall continue to be the holder of the Mortgage, whether or not
the Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing
funds for the Project are outstanding. The Agency warrants that it has not, and will not, execute any
other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that,
in any event, the requirements of this Agreement are paramount and controlling as to the rights and
obligations herein set forth and supersede any other requirements in conflict herewith.
19. COMPLETION OF WORK AND FORCE MAJEURE
The Agency covenants and agrees that, subject to matters of force majeure, the work shall be
completed on or before six (6) months from the date of this Agreement. The parties may mutually
agree to amend this Agreement to extend out the date of completion.
Matters of force majeure shall include, but not necessarily be limited to, bona fide weather
disturbances, strikes, shortages of material, governmental delays (exclusive of those caused by or as
a result of the fault of the Construction Manager) and those matters over which the Construction
Manager has no control. Force majeure shall not be construed to reduce the obligation of the Agency
to timely complete the project because the failure of contractors and subcontractors to timely
complete their work unless such delay is within the definition of the term force majeure.
20. MODIFICATIONS
The City or the Agency may amend this Agreement at any time to conform with federal, state or local
governmental guidelines and policies, or for other reasons provided that such amendments make
specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of the City and the Agency. Such amendments will not invalidate this Agreement, nor
relieve or release the City or the Agency from its obligations under this Agreement.
[A04-01510 /286031/1] Page 7
21. ASSIGNABILITY
The Agency shall not assign any interest in this Agreement or otherwise transfer interest in this
Agreement without the prior written approval of the City. All requirements of this Agreement shall
be applicable to any subcontracts entered into under this Agreement and it shall be the Agency's
responsibility to ensure that all requirements are included in said subcontracts and all subcontractors
abide by said requirements.
The Agency shall not pledge, mortgage, or award the Property or any interest therein or any claim
arising thereunder, to any party or parties, banks, trust companies, or other financing or financial
institutions without the written approval of the City.
22. GOVERNING LAW
The Agency agrees to comply with the following federal laws incorporated herein by reference as
though set forth in full, which shall govern this Agreement except as otherwise provided herein:
a) Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §
5301, et seq.);
b) Terms and conditions of the government grants under Title IX, Subchapter C, Part I of the
Omnibus Budget Reconciliation Act of 1993 (26 U.S.C. § 1391, et seq.);
c) Title 24 of the Code of Federal Regulations, 570 (HUD regulations concerning CDBG);
d) The "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards", codified at 2 CFR Part 200; and
e) Any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state or
local governments, and any agencies thereof, which relate to or in any manner affect the
performance of this Agreement.
Further, the Agency agrees to comply with all other applicable federal, state and local laws,
regulations, and policies governing the Agency's organization and governing the award provided
under this Agreement. Attachment "C", Federal Program Requirements, provides a partial overview
of federal requirements as they relate to the Award. The Agency further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise available. This
Agreement incorporates all terms and conditions of the grant and such terms and conditions are
hereby imposed upon the Agency. Moreover, those rights reserved by HUD in the Grant are hereby
reserved by the City to the extent permitted by law.
The laws of the State of Florida shall otherwise govern this Agreement.
23. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. The Agency will at all
times remain an independent entity with respect to performance of the Project. The City will be
exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the Agency is an independent entity.
24. PERFORMANCE WAIVER
The City's failure to act with respect to a breach by the Agency does not waive its right to act with
respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or
[A04-01510 /286031/1] Page 8
provision will not constitute a waiver of such right or provision. A waiver by one party of the other
party's performance shall not constitute a waiver of any subsequent performance required by such
other party. No waiver shall be valid unless it is in writing and signed by authorized representatives
of both parties.
25. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the City and the Agency for the use of
funds received under this Agreement and it supersedes all prior communications and proposals,
whether electronic, oral, or written between the City and the Agency with respect to this Agreement.
The City and the Agency may execute this Agreement in counterparts, each of which is deemed an
original and all of which constitute only one Agreement.
(Signatures on following pages)
[A04-01510 /286031/1] Page 9
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year
first above written.
WITNESS:
(AGENCY SIGNATURE PAGE)
The Kimberly Home, Inc.,
a Florida Not -for -Profit Corporation.
Federal Employee ID Number: 59-2077208
By:
Witness Kathleen M. Kelly, CEO
Date:
Print Name
Witness Address
Witness Signature
Print Name
Witness Address
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this (date) by Kathleen M. Kelly, CEO, The Kimberly Home, Inc., a
Florida Not -For -Profit Corporation, who is ❑ personally known to me or ❑ who has
produced (type of identification) as identification.
Notary Public (type or print name below)
My commission expires:
[A04-01510 /286031/1] Page 10
(CITY OF CLEARWATER SIGNATURE PAGE)
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City fittorney
Date:
STATE OF FLORIDA)
COUNTY OF PINELLAS]
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
J rifePoirrier
City Manager
Date:
Attest:
!t.ttb.-
Rosemarie Call
City Cle
Date:
WW,
The foregoing instrument was acknowledged before me by means of 'physical presence or 0 online
notarization, this .. of 'C\,\ , 2024 by Jennifer Poirrier, the City Manager of the City of
Clearwater, who is personally known to me or who has produced (type of
identification) as identification.
[A04-01510 /286031/1] Page 11
A°""1% Courtney M. Holzwarth
=_ " Comm.: HH 387361 Notary Publ.
- Expires: April 17, 2027
Notary Public - State of Florin
"" " My commission expires: ,111 1).-W•1
ATTACHMENT "A" — FINANCIAL AND ADMINISTRATIVE REQUIREMENTS
1. FINANCIAL MANAGEMENT
a) Accounting Standards. The Agency agrees to comply with 2 CFR Part 200 and agrees to adhere
to the accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
b) Cost Principles. the Agency will administer its program in conformance with 2 CFR Part 200.
These principles will be applied for all costs incurred whether charged on a direct or indirect
basis.
c) Duplication of Costs. The Agency certifies that work to be performed under this Agreement does
not duplicate any work to be charged against any other contract, subcontract or other source.
2. REQUIRED WRITTEN POLICIES, PROCEDURES
a) General. The Agency will provide the following written policies or procedures in accordance
with 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards) and 24 CFR § 5.106:
i. Conflict of Interest Policy, in accordance with 2 CFR § 200.112 (Conflict of Interest), 2 CFR
§ 200.318(c) (General Procurement Standards)
ii. Cost Allowability Procedures for determining the allowability of costs in accordance with 2
CFR § 200.302(b)(7) (Financial Management) and 2 CFR § 200.403 (Factors Affecting
Allowability of Costs)
iii. Cash Management/Payment Timing Procedures to implement the requirements of 2 CFR §
200.305 (Federal Payment)
iv. Procurement/Purchasing Policy, in accordance with 2 CFR § 200.318(a) (General
Procurement Standards), 2 CFR § 200.319(c) and (d) (Competition), 2 CFR § 200.320
(Methods of Procurement to be followed), 2 CFR § 200.324(a) (Contract Cost and Price), and
2 CFR § 200.326 (Bonding Requirements)
v. Compensation, Fringe Benefits and Travel Costs, in accordance with 2 CFR § 200.430
(Compensation -Personal Services), 2 CFR § 200.431 (Compensation -Fringe Benefits), 2 CFR
§ 200.474 (Travel Costs)
vi. If applicable. Gender Identity Equal Access Operating Policy and Procedures, in accordance
with 24 CFR § 5.106 (Equal Access in Accordance with the Individual's Gender Identity in
Community Planning and Development Programs) if the Agency is a manager or owner of
temporary or emergency shelters or other buildings and facilities and providers of services.
3. DOCUMENTATION AND RECORDKEEPING
a) Records to Be Maintained. The Agency will maintain all records required by the Federal
regulations specified in 24 CFR §570.506 (Records to be Maintained), 2 CFR § 200.302
(Financial Management) and 2 CFR § 200.334 (Retention Requirements for Records) that are
[A04-01510 /286031/1] Page 12
pertinent to the activities to be funded under this Agreement. Such records include but are not
limited to:
i. Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Client data demonstrating client eligibility. Such data shall include, but not be limited to,
client name, address, income level or other basis for determining eligibility, and description
of benefit provided. The Agency understands that protected personally identifiable
information (PII) is private and, when not directly connected with the administration of this
Agreement, shall not be disclosed, unless written consent is obtained from such person
receiving benefit and, in the case of a minor, that of a responsible parent/guardian;
v. Records demonstrating compliance with Affirmative Marketing requirements;
vi. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
vii. Records documenting compliance with the civil rights components of the CDBG program;
viii. Financial records as required by 24 CFR § 570.502, and 2 CFR § 200.334;
ix. Labor standards records required to document compliance with the Davis Bacon Act, the
provisions of the Contract Work Hours and Safety Standards Act, and all other applicable
Federal, State and Local laws and regulations applicable to CDBG-funded construction
projects; and
x. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
b) Access to Records and Retention. The Agency shall at any time during normal business hours,
and as often as the City and/or the Federal Government may deem necessary, make available for
examination all of the Agency's records, books, documents, papers, and data with respect to all
matters covered by this Agreement and shall permit the City and/or its designated authorized
representative to audit and examine the same for the purposes of making audit, examination,
excerpts and transcriptions.
All records pertaining to this Agreement shall be retained for a period of five (5) years from the
date of submission of the final expenditure report or, for federal awards that are renewed quarterly
or annually, from the date of the submission of the quarterly or annual financial report.
Notwithstanding the above, if any litigation, claim, audit, negotiation or other action that involves
any of the records cited and that has started before the expiration of the five (5) -year period, then
such records must be retained until completion of the actions and resolution of all issues, or the
expiration of the five-year period, whichever occurs later. Nothing herein shall be construed to
allow destruction of records that may be required to be retained longer by state law.
c) Audits and Inspection. If the Agency expends more than $750,000.00 in a fiscal year in federal
awards from all sources, the Agency shall have a single or program -specific audit conducted for
that year in accordance with 2 CFR § 200.501 (Audit Requirements). The Catalog of Federal
Domestic Assistance (CFDA) number is 14.228. Audit report(s) shall be submitted to the City
within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months
after the end of the audit period, unless the Agency and the City agree to a longer period in
advance. the Agency shall be responsible for the costs associated with this audit. The Agency
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shall submit any additional documentation requested by the City to substantiate compliance to
this provision if necessary. In the event the Agency expends less than the threshold established
by 2 CFR § 200.501, the Agency is exempt from Federal audit requirements for that fiscal year,
however, the Agency must provide a Single Audit exemption statement to the City no later than
three months after the end of the Agency's fiscal year for each applicable audit year. In the event
the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not
expended in accordance with the conditions of this Agreement, the Agency shall be held liable
for reimbursement to the City of all funds not expended in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the City has notified the
Agency of such non-compliance.
The Agency is responsible for follow-up and corrective action on all audit findings pursuant to 2
CFR § 200.511 (Audit Findings Follow Up) and 2 CFR § 200.512 (Report Submission). Failure
of the Agency to comply with the above audit requirements will constitute a violation of this
Agreement and may result in the withholding of future payments.
4. REPORTING
a) General. The Agency shall provide to the City its Data Universal Numbering System (DUNS)
Number and must register and maintain the currency of information in the System for Award
Management (SAM) database, so that Grantee complies with the requirements established by the
Federal Office of Management and Budget concerning the DUNS, SAM and Federal Funding
Accountability and Transparency Act (FFATA), as required in 2 CFR Part 25 and 2 CFR Part 170.
The Agency will also comply with the Digital Accountability and Transparency Act (DATA Act)
of 2014, as set forth in Appendix A to Part 25 -Award Term.
b) Program Income. Although no program income, as defined by 24 CFR § 570.500(a), is
anticipated as a result of this Project, any such income received by the Agency is to be returned
to the City within thirty (30) calendar days of receipt of such funds. Such income may include
income from service fees, sale of commodities, and rental or usage fees. Upon expiration,
cancellation or termination of this Agreement, the Agency shall transfer to the City any grant
funds on hand and any accounts receivable attributable to the use of those funds.
5. ENVIRONMENTAL
The Agency shall not assume the City's environmental responsibilities described at 24 CFR §
570.604; and the Agency shall not assume the City's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. However, the Agency agrees that it shall supply the City
with all available, relevant information necessary for the City to perform any required environmental
review pursuant to HUD regulations at 24 CFR Part 58, as amended, for each property to be acquired,
rehabilitated, converted, leased, repaired or constructed with the CDBG Award; it shall carry out
mitigating measures required by the City or select alternate eligible property; and it shall not acquire,
rehabilitate, convert, lease, repair or construct property, or commit HUD or local funds to such
program activities with respect to any such property, until it has received notice from the City that
the environmental review is complete.
[A04-01510 /286031/1] Page 14
6. ENVIRONMENTAL CONDITIONS AND HISTORIAL REVIEW
a) Air and Water. The Agency agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement: Clean Air Act (42 U.S.C. §§ 7401-7671q.) and
the Federal Water Pollution Control Act (33 §§ U.S.C. 1251-1387), as amended—Contracts
and subgrants of amounts in excess of $150,000.00 must contain a provision that requires
the non -Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to
the federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4001), the Agency shall assure that for activities located
in an area identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation).
c) Lead -Based Paint. The Agency agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD Lead -
Based Paint Regulations at 24 CFR § 570.608 and 24 CFR Part 35, Subpart B. Such
regulations pertain to all CDBG-assisted housing and require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning and the advisability and availability of blood lead
level screening for children under seven. The notice should also point out that if lead-based
paint is found on the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a property, paint
testing, risk assessment, treatment and/or abatement may be conducted.
d) Historic Preservation. The Agency agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of
this Agreement. In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty years old or
older or that are included on a federal, state, or local historic property list.
[A04-01510 /286031/1] Page 15
ATTACHMENT "B"
EMPLOYMENT AND PERSONNEL REQUIREMENTS
1. ANTIDISCRIMINATION REQUIREMENTS
a) APPLICABLE LAWS. The Agency shall comply with all federal, state, and local
antidiscrimination laws during the term of this Agreement. Specifically, the Agency shall not
discriminate against nor exclude any employee or applicant for employment because of race,
color, religion, sex, gender, sexual orientation, age, familial status, pregnancy, handicap, national
origin, and AIDS or HIV. Upon receipt of evidence of such discrimination, the City shall have the
right to terminate this Agreement. The Agency shall take the necessary steps to ensure that
applicants for employment and employees are treated without regard to such discriminatory
classifications. When expending the Award, the Agency shall, within the eligible population,
comply with the following nondiscrimination requirements:
Equal Opportunity. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
implementing regulations in 24 CFR Part 1, together with section 109 of the Act (24 CFR §
570.602) which prohibit discrimination in any program or activity funded in whole or in part
with funds made available under this Agreement.
ii. Anti -Discrimination. Pinellas County Ordinance, Chapter 70 — Human Relations, Article II
— Discrimination, which prohibits discrimination in the areas of employment, government
programs, and housing and public accommodations on the basis of race, color, religion,
national origin, familial status, sex (including gender identity and gender expression), sexual
orientation, and disability within the legal boundaries of Pinellas County, Florida, including
all unincorporated and incorporated areas.
iii. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. The
Agency shall comply with the provisions of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained in
24 CFR Part 75 regarding economic opportunities for low-income persons and the use of
local businesses, if applicable.
iv. Build America, Buy America Act (BABA). This project is not subject to BABA and
qualifies for the Small Grants Wavier which waived projects funding assistance for $250,000
or less. See waiver in attachment. The Agency 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 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 on or after the
applicable listed effective dates, are subject to BABA requirements, unless expected by a
waiver.
[A04-01510 /286031/1] Page 16
v. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR Part 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity", and
implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor".
vi. Minority and Women's Business Enterprises. The requirements of Executive Orders
11625, 12432, 12138, 2 CFR § 200.321, and 24 CFR § 85.36(e) applies to grants under this
part. Consistent with HUD's responsibilities under these Orders. The Agency must make
efforts to encourage the use of minority and women's business enterprises in connection with
funded activities.
vii. Age Discrimination Act of 1975, as Amended. No person will be excluded from
participation, denied program benefits, or subjected to discrimination on the basis of age
under any program or activity receiving federal funding assistance. (42 U.S.C. § 6101, et.
seq.)
viii. Section 504 of the Rehabilitation Act of 1973, as Amended. No otherwise qualified
individual will, solely by reason or his or her disability, be excluded from participation
(including employment), denied program benefits, or subjected to discrimination under any
program or activity receiving Federal funds. (29 U.S.C. § 794)
ix. Public Law 101-336, Americans with Disabilities Act of 1990. Subject to the provisions
of this title, no qualified individual with a disability will, by reason of such disability, be
excluded from participation in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination by any such entity.
b) POSTING REQUIREMENT. The Agency shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the government setting forth
the provisions of this non-discrimination clause.
2. GENDER IDENTITY
The Agency, if a manager or owner of temporary or emergency shelters, shall comply with the terms
and conditions set forth in 24 CFR § 5.105(a)(2) and 24 CFR § 5.106: equal access to
accommodations, placement and services shall be provided in accordance with the individual's
gender identity, and individuals will not be subjected to intrusive questioning or asked to provide
evidence of the individual's gender.
3. CONFLICT OF INTEREST
No covered persons who exercise or have exercised any functions or responsibilities with respect to
CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain
inside information with regard to such activities, may obtain a financial interest in any contract, or
have a financial interest in any contract, subcontract, or agreement, with respect to the CDBG-assisted
activity, or with respect to the proceeds from the CDBG-assisted activity, including but not limited
[A04-01510 /286031/1] Page 17
to occupancy of any of the CDBG-assisted unit, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For
purposes of this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of the City, the Agency, or any designated public
agency.
The Agency agrees to abide by the provisions of 2 CFR § 200.318 and 24 CFR § 570.611, which
includes maintaining a written code or standards of conduct that will govern the performance of its
officers, employees or agents engaged in the award and administration of contracts supported by
Federal funds.
4. DEBARMENT AND SUSPENSION
a) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions. The Agency acknowledges that this Grant is subject to 31 CFR Part
19 (Government Debarment and Suspension (Non procurement)). The Agency acknowledges it
is not included in the Federal Government's Excluded Parties List, accessible on www.sam.gov.
If the Agency ever is placed on such list, or becomes aware that it will be placed on such list, the
Agency shall notify the City immediately.
i. The Agency certifies, by signing this Agreement that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
ii. Where the Agency is unable to certify to any of the statements in this contract, the Agency
will attach an explanation to this Agreement.
iii. The Agency further agrees by signing this Agreement that it will not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction.
b) Changes. The Agency shall report all changes to systems utilized to carry out the Project, any
conflicts of interest that occur during the period of performance, debarment and suspensions, and
incidents of fraud, waste, and abuse.
5. RELIGIOUS ACTIVITIES
The Agency, if a faith -based organization, shall comply with the terms and conditions set forth in 24
CFR Part 5 General HUD Program Requirements; Waivers, Section 5.109, Equal participation of
Religious Organizations in HUD Programs, as well as 24 CFR § 570.200, 24 CFR § 570.503, as
amended, and 24 CFR § 570.607 regarding faith -based organizations.
6. LOBBYING
The Agency acknowledges this Agreement is subject to 31 U.S.C. § 1352 (Limitation on Use of
Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions) and 55 FR
6736, and 54 FR 52306. The Agency certifies by signing this Agreement, to the best of his or her
knowledge and belief that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
[A04-01510 /286031/1] Page 18
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this Section 6 (Lobbying) be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose
accordingly:
d) Lobbying Certification. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S.C.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
[A04-01510 /286031/1] Page 19
ATTACHMENT "C"
FEDERAL PROGRAM REQUIREMENTS
Requirements
Federal Regulations
Other References
1. Federal Labor Standards
- Davis -Bacon
- Copeland Act (Anti -kickback)
- Contract Work Hours and Safety
Standards
24 CFR § 570.603;
29 CFR Parts 1, 3, and
5
Section 110, Housing &
Community Development Act of
1974 (HCDA); 40 U.S.C. 276a-
276a-5; 40 U.S.C. 276c; 40
U.S.C. 327 et seq.
2. Equal Employment Opportunity
24 CFR § 570.601-
602,
24 CFR § 570.607,
41 CFR Part 60
Executive Orders 11246 and
12086, 12 U.S.C. 1701u
3. List of Debarred or Ineligible Contractors
24 CFR § 570.609,
24 CFR Part 24
4. Non -Discrimination
24 CFR Part 8
24 CFR § 570.601,
24 CFR § 570.602
Section 504 of Rehab. Act of
1973, Americans with
Disabilities Act of 1990, Exec.
Order 11063
5. Fire Safety Codes
Local
6. Building, Housing, and Zoning Codes;
Housing Quality Standards
24 CFR §
570.208(b)(1)(iv) and
(b)(2)
Local
7. Lead -Based Paint
24 CFR § 570.608' 24 CFR Part 35
42 U.S.0 4821et seq.
8. Lump Sum Drawdowns
24 CFR § 570.513
9. Environmental/Historic
Preservation/National
Environmental Policy Act/Flood Insurance
Requirements
- Siting Near Airports and Coastal Barrier
Resources
- Fish and Wildlife Protection
- Flood Plain
- National Historic Preservation
- Noise Abatement & Control
- Wetlands
- Air Quality
- Coastal Zones
- Endangered Species
- Thermal/Explosive Hazards
- Flood Insurance
24 CFR §
570.503(b)(5)(i)
24 CFR § 570.604, 24
CFR § 570.202, 24
CFR Part 58
Ref. At 24 CFR § 58.6
See reference at 24
CFR § 58.5, 24 CFR §
570.605
Sec. 104(g), HCDA
42 U.S.0 4001 et seq.
[A04-01510 /286031/1] Page 20
10. Relocation, Real Property Acquisition, and
One -For -One Housing Replacement
- Uniform Relocation Act
- Residential anti -displacement and
relocation assistance
- One -for -One Replacement
24 CFR § 570.201(1),
24 CFR § 570.606, 49
CFR Part 24
24 CFR § 570.606 (b)
Sect. 104(d) and
105(a)(11)of HCDA,
www.hud.gov/relocation
11. Definition of Computation of Units of
Services
term
IDIS instructions
12. Section 108 Loan Guarantees
24 CFR § 570.700-
570.709
Sec. 108 of HCDA
13. Applicable Credits
A-87
[A04-01510 /286031/1] Page 21
SCHEDULE "A"
Affordable Housing Development Schedule
Project construction will commence and be completed in accordance with the schedule below and in no
event will construction commence later than 90 days from the date of this Agreement nor will project
be completed later than 1 year from the date of this Agreement.
For purposes of this Agreement, "project construction commenced" will mean issuance of building
permits. Further, "completion date" will mean issuance of all certificates of occupancy.
1. Commencement of rehabilitation: On or before July 5, 2024
2. Project Completion: On or before October 5, 2024
[A04-01510 /286031/1] Page 22