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FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND R'CLUB CHILD CARE, INC. THIS FIRST AMENDMENT TO CDBG PROGRAM AGREEMENT(this"Agreement")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 491h Street North, St. Petersburg, FL 33709 ("R'Club" or "Subrecipient")(the City and Subrecipient shall be referred to collectively as the"Parties")- WITNESSETH: 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, R'Club submitted a proposal to utilize $62,727.00 in FY 2023-2024 CDBG funds to enable R'Club to make safety improvements at the Gateway Early Learning Academy to improve playground safety for young children; 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,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(x)(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 adjusted annually, and which current income levels are attached as Exhibit"A" and incorporated herein by reference;and FY 2023-24 CDBG. R'Club Child Care(Safety Improvements—Gateway ELA)PF 15685—1$1 Amendment Page 1 of 6 WHEREAS, the Panties wish to increase the associated amount of funding allocated under the Original Agreement to Eighty-One Thousand One Hundred Fifty-One and 00/100 Dollars($81,151.00)total and amend the statement of work. 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: 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 I and exhibits of the Original 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-ONE THOUSAND ONE HUNDRED FIFTY- ONE AND 00/100 DOLLARS ($81,151.00) 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." "4. Statement of Work/Program and Project Description. Subrecipient provides childcare and early learning.The subrecipient will make safety improvements at the Gateway Early Learning Academy to improve playground safety for young children that will benefit 44 low-to moderate- income City of Clearwater residents according to HUD income guidelines attached as Exhibit"A" (the "Project").Additional requirements for the Project are attached as Exhibit"C" and made a part hereof by.this reference.The budget for this Project(the"Budget")is attached as Exhibit"D" and made a part hereof by this reference. Funds are being 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." "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-ONE THOUSAND ONE HUNDRED FIFTY-ONE AND 00/100 DOLLARS($81,151.00).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 FY 2023-24 CDBG. R'Club Child Care(Safety Improvements—Gateway ELA)PF 15685—15'Amendment Page 2 of 6 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 15685-1 I Amendment Page 3 of 6 "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: $81,151.00 5. Total Amount of Federal Funds obligated to subrecipient: $81,151.00 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: NIA 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—1 It Amendment Page 4 of 6 "Exhibit"D" Budget R'Club Child Care, Inc. FY 2023-2024 Project Type: CDBG Amount of Funding: $81,151.00 Services Funded Category CDBG Portion Public Facilities Funds provided for safety improvements at the GatewayEarly $81,151.00 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. Total $81,151.00" FY 2023-24 CDBG. R'Club Child Care(Safety Improvements—Gateway ELA)PF 15685—1 s2 Amendment Page 5 of 6 3. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the Original Agreement,the terms and provisions of this Amendment shall control to the extent of any such conflict or ambiguity. 4. All sections of the Original Agreement not expressly amended herein shall remain in full force and effect. �,.�INI_WI,TNESS WHEREOF,the Parties have executed this Amendment on this 'day of 2023. Amendment Approval: R'Club Child Care, Inc. a Florida non-profit corporation. zebra Ballinger Date$ Executive Director City of Clearwater, Florida, Florida ic' I corporation. z'/z, /�z Denise San rson Date Director of Economic Development and Housing FY 2023-24 CDBG. R'Club Child Care(Safety Improvements—Gateway ELA)PF 15685—152 Amendment Page 6 of 6