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SECOND AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENTSECOND AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND R'CLUB CHILD CARE, INC. THIS SECOND AMENDMENT TO CDBG PROGRAM AGREEMENT (this "Amendment") is made and entered into by and between the City of Clearwater, Florida, a Florida municipal corporation, with a principal address of P.O. Box 4748, Clearwater, Florida 33758, (the "City"), and R'Club Child Care, Inc., a Florida non-profit corporation, with a principal address of 4140 49`h Street North, St. Petersburg, FL 33709 ("R'Club" or "Subrecipient") (the City and Subrecipient shall be referred to collectively as the "Parties"). WITNESSETH: WHEREAS, the Community Development Block Grant Program ("CDBG") is administered by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, the City is an entitlement community that receives CDBG funds awarded under the Housing and Community Development Act of 1974, in furtherance of its goal of promoting community development and improvement of public facilities, as further detailed in the Consolidated Plan for Housing and Community Development Programs 2020/2021-2024/2025; and WHEREAS, R'Club is a private non-profit corporation that provides childcare and early learning; and WHEREAS, the City has provided funding to the Subrecipient for safety improvements at the Gateway Early Learning Academy to improve playground safety for young children. The project includes replacing the existing rubber safety surface on the playground outside the toddler classroom and installing a hip roof style shade structure over the toddler play area. The existing toddler playground rubber safety surface is irregular and unlevel from invading tree roots and presents a tripping hazard for young children. The proposed playground safety improvements include removal of the old rubber safety surface, trees removal in the toddler play area, preparing the ground for a new safety surface, installation of a new hip roof shade shelter, and adding the pour -in-place rubber safety surface; and WHEREAS, the Parties entered into that certain Community Development Block Grant (CDBG) Program Agreement dated September 20, 2023 (the "Original Agreement") under which R'Club was awarded Sixty -Two Thousand Seven Hundred Twenty -Seven and 00/100 Dollars ($62,727.00) for safety improvements at the Gateway Early Learning Academy to improve playground safety for young children; and WHEREAS, the Parties entered into that certain First Amendment to Community Development Block Grant (CDBG) Program Agreement dated December 28, 2023 (the "First Amendment" and collectively with the Original Agreement the "Agreement") which increased the awarded grant amount to Eighty -One Thousand One Hundred Fifty -One and 00/100 Dollars ($81,151.00); and WHEREAS, these services are an eligible activity under the CDBG program in accordance with 24 CFR §570.201(e). It is a limited clientele activity and meets a national objective as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2); and WHEREAS, R'Club has available the necessary qualified personnel, facilities, materials, and supplies to perform such services and/or carry out such programs for these residents, who are eligible and qualified to receive said services and are within the income limits for low- and moderate -income persons as defined by HUD and FY 2023-24 CDBG. R'Club Child Care (Safety Improvements — Gateway ELA) PF 15685 — 2nd Amendment Page 1 of 6 adjusted annually, and which current income levels are attached as Exhibit "A" to the Original Agreement and incorporated herein by reference; and WHEREAS, the Parties wish to increase the associated amount of funding allocated under the Agreement to Eighty -Nine Thousand Nine Hundred Sixty -Eight and 00/100 Dollars ($89,968.00) total; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby acknowledged, the City and R'Club agree as follows: SECTION I: SCOPE OF SERVICES AND USE OF FUNDS 1. Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Amendment. 2. Amended and Restated Sections. The following paragraphs of Section 1 and exhibits of the Agreement are hereby amended and restated in their entirety as follows: "3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a subaward to Subrecipient in the amount of EIGHTY-NINE THOUSAND NINE HUNDRED SIXTY-EIGHT DOLLARS ($89,968.00) in FY 2023-2024 CDBG funds toward the project, as defined below. Pursuant to 2 CFR §200.332, the required subaward information is attached as Exhibit "B". Any funds remaining unexpended or not disbursed to R'Club by the City as of the termination date of this Agreement may be deobligated from this Agreement and made available for other City projects as determined by the City." "7. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible expenses permitted under the CDBG regulations as set forth in 24 CFR Part 570 and in accordance with the Budget attached as Exhibit "D" and made a part hereof by this reference. Any changes in budget line items, including additions, must be requested in writing and must be approved in writing by the Economic Development and Housing Department Director or Assistant Director before related expenditures can be undertaken. Subrecipient shall be responsible for any cost overruns above the grant amount of EIGHTY-NINE THOUSAND NINE HUNDRED SIXTY- EIGHT DOLLARS ($89,968.00). Subrecipient shall not use any CDBG funds for prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any requests for reimbursement to verify the reasonableness and validity of such costs and said Budget may be modified by the City accordingly. Subrecipient acknowledges and agrees that any funds not used in accordance with permitted CDBG regulations and the Budget must be repaid to the City." FY 2023-24 CDBG. R'Club Child Care (Safety Improvements - Gateway ELA) PF 15685 - 2nd Amendment Page 2 of 6 "Amended Exhibit "B" Required Subrecipient Information 1. Subrecipient name (which must match registered name in SAM.gov): R'Club Child Care, Inc. 2. Subrecipient's SAM.gov unique entity identifier (UEI) number (see 2 CFR Part 25 - Universal Identifier and System for Award Management): M7A2GYA6FXF8 3. Subaward Period of Performance Start Date and End Date: 10/01/2023 to 09/30/2024 4. Amount of Federal Funds Obligated by this activity: $89,968.00 5. Total Amount of Federal Funds obligated to subrecipient: $89,968.00 6. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Funds will be used to make safety improvements at the Gateway Early Learning Academy to improve playground safety for young children. 7. Name of Federal awarding agency, pass-through entity, and contact information for awarding official: U.S. Department of Housing and Urban Development; City of Clearwater, Economic Development and Housing Director; P.O. Box 4748, Clearwater, Florida 33758; (727) 562-4031 8. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award the CFDA number at the time of disbursement: 14.218, Community Development Block Grants/Entitlement Grants 9. Identification of whether the award is R&D: N/A 10. Indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect [F&A costs]): N/A" FY 2023-24 CDBG. R'Club Child Care (Safety Improvements — Gateway ELA) PF 15685 — 2nd Amendment Page 3 of 6 "Amended Exhibit "D" Budget R'Club Child Care, Inc. FY 2023-2024 Project Type: CDBG Amount of Funding: $89,968.00 ervices Funded Category CDBG Portion Public Facilities Funds provided for safety improvements at the Gateway Early Learning Academy to improve playground safety for young children. The project includes replacing the existing rubber safety surface on the playground outside the toddler classroom and installing new age-appropriate equipment and cantilever -shade umbrellas over the toddler play area. The existing toddler playground rubber safety surface is irregular and unlevel from invading tree roots and presents a tripping hazard for young children. The proposed playground safety improvements include removal of the old rubber safety surface, trees removal in the toddler play area, preparing the ground for a new safety surface, installation of new age-appropriate equipment and cantilever -shade umbrellas over the toddler play area, and adding the pour -in-place rubber safety surface. All new playground equipment will meet national safety standards and will be installed in accordance with local regulations for childcare facilities. Benefit — 44 Persons Beneficiaries assisted must reside within City of Clearwater limits (Tax District CW, CWD, or CWDO) and household income must be at or below 80% AMI based on the CDBG income limits in effect at the time assistance is provided. $89,968.00 Total $89,968.00" FY 2023-24 CDBG. R'Club Child Care (Safety Improvements — Gateway ELA) PF 15685 — 2nd Amendment Page 4 of 6 3. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the Agreement, the terms and provisions of this Amendment shall control to the extent of any such conflict or ambiguity. 4. All sections of the Agreement not expressly amended herein shall remain in full force and effect. ak69, +11 IN WITNESS WHEREOF, the Parties have executed this Amendment on this 4" day of Countersigned: Approved as to form: , 2024. CITY OF CLEARWATER SIGNATURE PAGE Matthew J. Mytych, Esq. Assistant Cit Attrn y Date: 8/6- a I City Of Clearwater, Florida, a Florida municipal corporation. By: Jen City Date: Attest: if r P 'rrie Rosemarie CaII City Clerk Date: FY 2023-24 CDBG. R'Club Child Care (Safety Improvements — Gateway ELA) PF 15685 — 2nd Amendment Page 5 of 6 SUBRECIPIENT SIGNATURE PAGE Amendment Approval: R'Club Child Care, Inc. a Florida non-profit corporation. Ericka McAvaddy, Chief Financial Officer for Date Debra Ballinger, Executive Director FY 2023-24 CDBG. R'Club Child Care (Safety Improvements — Gateway ELA) PF 15685 — 2nd Amendment Page 6 of 6 R'Club 4140 49th Street N. St. Petersburg, FL 33709 (727) 578-5437 fax: (727) 578-2817 www.rclub.net Executive Director Debra Ballinger Board of Directors Dennis Ruppel, Esq., President Rene Robinson-Flowers,Vice Pres Barclay Harless,Treasurer Sue Landress, Secretary Lee R. Martino, Immediate Past President Jennifer Browning Mozell Davis Caprice Edmond Theresa Jones Thomas Kennedy Lauren Krawczyk Diane Lajoie Thomas Moriarty, CPA Becky Pickett Eddie Pringle Da'juh Sawyer Jeffrey S. Smith Dr. Robert Williams Dr. Yvonne Williams LEAVE A LEGACY Please remember us in your will. A planned gift to Rtlub builds scholarships for our community's neediest children. Preferred Child Care Provider of the Tampa Bay Rays Supported in part by Agency for Persons with Disabilities City of Clearwater City of St. Petersburg Community Foundation of Tampa Bay Early Learning Coalition of Pinellas Florida Department of Education Florida Department of Health Florida Department of State Lutheran Services Florida, Inc. Pinellas Community Foundation Pinellas County School Board Pinellas County Commission University of South Florida bLiuve rle Welfare Board Florida e LIVE UNITED United Way uneee w.yswraal Child Care, Inc. Strengthening children, ren, Ics RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of R'Club Child Care, Inc. that: (1) Debra Ballinger, Executive Director, is authorized to seek new, continued, and expanded funding from the Juvenile Welfare Board of Pinellas County and other funding sources; and that (2) Debra Ballinger, Executive Director, is authorized to seek funding for new services; and that (3) Debra Ballinger, Executive Director, and Ericka McAvaddy, Chief Financial Oficer, respectively, are authorized to sign funding contracts and all other relevant agreements and contracts on behalf of this not- for-profit corporation. APPROVED by the Board of Directors of R'Club Child Care, Inc. at a duly scheduled board meeting this 26th day of October, 2023. Dennis Ruppel, President Board of Directors R'Club Child Care, Inc. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. #CH4305 Child Care, Inc. R Club ,'jlrl'1dothEltftk,, CYf1ldt't71, ltd 4140 49th Street N. St. Petersburg, FL 33709 (727) 578-5437 fax: (727) 578-2817 www.rclub.net Executive Director Debra Ballinger Board of Directors Dennis Ruppel, Esq., President Rene Robinson-Flowers,Vice Pres Barclay Harless,Treasurer Sue Landress, Secretary Lee R. Martino, Immediate Past President Jennifer Browning Mozell Davis Caprice Edmond Theresa Jones Thomas Kennedy Lauren Krawczyk Diane Lajoie Thomas Moriarty, CPA Becky Pickett Eddie Pringle Da'juh Sawyer Jeffrey S. Smith Dr. Robert Williams Dr. Yvonne Williams LEAVE A LEGACY. Please remember us in your will. A planned gift to R'Oub builds scholarships for our community's neediest children. Preferred Child Care Provider of the Tampa Bay Rays Supported in part by Agency for Persons with Disabilities City of Clearwater City of Sc. Petersburg Community Foundation of Tampa Bay Early Learning Coalition of Pinellas Florida Department of Education Florida Department of Health Florida Department of State Lutheran Services Florida, Inc. Pinellas Community Foundation Pinellas County School Board Pinellas County Commission University of South Florida 1 Nb Juvenile Welfare Board HY) LIVE UNITED Unite isl Honda t DY UMW ynysuco■st RESOLUTION cotldl By the Board of Directors of R'Club Child Care. Inc. I HEREBY CERTIFY that I am the duly qualified President of the Board of Directors of the R'Club Child Care, Inc. and that the following is a true and correct copy of a Resolution duly adopted by the Executive Committee of the Board of Directors of the R'Club Child Care, Inc.: NOW, THEREFORE, BE IT RESOLVED that Debra Ballinger and Ericka McAvaddy, as Executive Director and Chief Financial Officer, respectively, of R'Club Child Care, Inc. are authorized to submit an application to City of Clearwater, Florida for Consolidated Plan funding and are authorized to sign on behalf of this corporation a contract, promissory note and mortgage for implementation of Federal and State Consolidated Plan projects funded by City of Clearwater, Florida. I FURTHER CERTIFY that Debra Ballinger and Ericka McAvaddy are presently the Executive Director and Fiscal Services Director, respectively, of R'Club Child Care, Inc., and that the foregoing authority has not been revoked. DATED this 26th day of October, 2023, St. Petersburg, Florida. C4-4 Dennis Ruppel, President Board of Directors R'Club Child Care, Inc. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT.APPROVAL, OR RECOMMENDATION BY THE STATE. #CH4305