Loading...
FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENTFIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND HOPE VILLAGES OF AMERICA, INC. THIS FIRST AMENDMENT TO CDBG AGREEMENT (This "First 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 Hope Villages of America, Inc., a Florida non-profit corporation, with a principal address of 503 South Martin Luther King, Jr. Avenue, Clearwater, FL 33756 ("Hope Villages" or "Subrecipient"). (the City and Subrecipient shall be referred to collectively as the "Parties"). WITNESSETH: WHEREAS, the City administers the Community Development Block Grant ("CDBG") Public Services Program (the "Program") funded 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, the Parties entered into that certain CDBG Program Agreement dated September 13, 2023 (the "Agreement") to utilize Ten Thousand Two Hundred Seventy -Five Dollars and 00/100 Cents (S10,275.00) in FY 2023-2024 CDBG funds for salary support and fringe for one part-time advocate to provide shelter and supportive services to women and children who become homeless due to domestic violence; and WHEREAS, the provided services are an eligible activity under the CDBG program in accordance with 24 CFR §570.201 (e). They are limited clientele activity and meet a national objective as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2); and WHEREAS, Hope Villages 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" to the Agreement; and WHEREAS, the Parties now wish to recognize that the beneficiaries are covered under HUD's category for Presumed Benefit Activity; abused children and battered spouses and in lieu of Names and Addresses, Client I.D. No.s will be provided to the City. 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 Hope Villages agree as follows: FY 2023-24 CDBG HVA (Domestic Violence Shelter Program SS) PS 15757 Page 1 of 6 1. Recitals. The set forth above are true and correct and are incorporated herein and made a part of this First Amendment. 2. Amended and Restated Section I. Subsection 4. Section I, Subsection 4 of the Agreement is hereby amended and restated as follows: "4. Statement of Work/Program and Project Description. Subrecipient provides shelter and supportive services to those facing hunger, homelessness, domestic violence, or a lack of basic needs. The subrecipient will provide salary support and fringe for one part- time advocate for the domestic violence shelter program for women and children who become homeless due to domestic violence. Hope Villages will benefit 25 low- to moderate -income City of Clearwater residents according to HUD income guidelines attached as Exhibit "A" (the "Project"). The Projects beneficiaries fall under HUD's "Presumed Benefit Activities". 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." 3. Amended and Restated Section II. Subsection 9. Section II, Subsection 9 is hereby amended and restated as follows: "9. Reports. Subrecipient shall follow Exhibit "F" Reporting Schedule and Progress Reports specifically tailored for this activity. The Subrecipient may, at the City's sole discretion, be required to provide the City's Economic Development and Housing Department with monthly, and/or quarterly, and annual reports concerning the progress made on the Project, uploaded onto the City's Subrecipient Portal, "Neighborly Software". The information being provided to the city and shall include all the data the City requests as described in Exhibit "F". Such other information may be considered appropriate by the City, such as client data demonstrating client eligibility including, but not limited to, ethnicity, race, gender, age, head of household, income level, or other basis for determining eligibility. Subrecipient shall also file a Timesheet Activity Report for personnel activities including but not limited to duties performed and time allocated in the form attached as Exhibit "G", or on such forms provided by the City. Subrecipient shall also file and report on such other information as may be considered appropriate by the City. The monthly report shall be due on the 10th of each month for activities conducted during the preceding month. The quarterly reports are due the 10th day of the month following the end of the quarter for March, June, September, and December. Annual reports are due by October 10, 2024, for activities conducted during the preceding year (Example: October 1, 2023 - September 30, 2024)." 4. Amended and Restated Exhibit "F" Reporting Schedule. Exhibit "F" is hereby amended and restated as follows: "Exhibit "F" Reporting Schedule 1. Subrecipient shall submit all reports to the City's Economic Development and Housing Department as described in this Agreement specific to the project. FY 2023-24 CDBG HVA (Domestic Violence Shelter Program SS) PS 15757 Page 2 of 6 2. On the 10th of each month the Subrecipient shall submit data demonstrating client eligibility for services provided. Such data shall include client ID number, number of persons in the household and household income, and such other information requested by the City's Economic Development and Housing Department. Such information shall be made available to City and/or HUD monitors or their designees for review upon request. Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient responsibilities under this Agreement is prohibited by the U.S. Privacy Act of 1974 unless written consent is obtained from such person receiving services, and in the case of a minor, that of a responsible parent/guardian. 3. Upon ten (10) days' notice by the City's Economic Development and Housing Department, Subrecipient shall provide the information requested by the City for submission of performance or other reports to HUD. 4. Between the required reporting dates, events may occur that have significant impact upon the project or program. In such cases, Subrecipient shall inform the City's Economic Development and Housing Department as soon as the following types of conditions become known: a. Problems, delays, or adverse conditions, which may materially affect the ability to meet program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established term periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any assistance needed to resolve the situation. b. Favorable development or events, which will enable meeting time schedules and goals sooner or at Tess cost than anticipated or producing more or different beneficial results than originally planned. Method of Payment: Payments shall be made based on completed services and submission of documentation as outlined in this Agreement between the City and Subrecipient. Subrecipient shall submit monthly requests for payment to the City's Economic Development and Housing Department in accordance with the following: 1. The City's Economic Development and Housing Department shall authorize the reimbursement of Subrecipient for actual expenditures outlined in the Budget as expressed in Exhibit "D" of this Agreement, except that the Economic Development and Housing Director, or designee, may approve a variance with regard to variable costs. FY 2023-24 CDBG HVA (Domestic Violence Shelter Program S5) PS 15757 Page 3 of 6 2. Expenses incurred by Subrecipient will not be authorized for payment by the City's Economic Development and Housing Department if such expenses cannot be documented by paid receipts, invoices, or other appropriate documentation and information. Furthermore, all requests for payment submitted by Subrecipient to the City's Economic Development and Housing Department shall not be reimbursable by the City if such expenditures were not expended directly for the provision of services and activity delivery costs to benefit low- and moderate - income persons in accordance with this Agreement. 3. Provided that the requests for payment are complete and undisputed, the City's Economic Development and Housing Department shall authorize reimbursement of approved expenditure requests within thirty (30) days of receipt of such requests. 4. As applicable, the monthly requests for payment shall include: a) Client I.D. number, race, ethnicity, total household size and total household income for each client receiving services. b) Brief description of services or activities undertaken during the month for which reimbursements are being requested. d) Invoice with total cost of services, signed and dated. e) For salary support submit the following: Timesheet Activity Report; sample is Exhibit "G", Time Card/Dialog from work force now ADP, and proof of payment. For proof of payment provide one of the following: Direct deposited paycheck stubs, bank statements, or ADP Workforce Now -Pay Profile. f) If applicable, if outside contractors have done the work, submit the contractor's paid invoices for reimbursement. These should include an itemization of the work done, the total cost for labor and materials, the number of hours on the job, and the rate per hour agreed to on the project." 5. In the event of conflict or ambiguity between the terms and provisions of this First Amendment and the Agreement, the term and provisions of this First Amendment shall control to the extent of any such conflict or ambiguity. 6. All sections of the Agreement not expressly amended herein shall remain in full force and effect. FY 2023-24 CDBG HVA (Domestic Violence Shelter Program SS) PS 15757 Page 4 of 6 IN WITNESS WHEREOF, the Parties have executed this First Amendment on this I±114' day of Aot 2024. (CITY OF CLEARWATER SIGNATURE PAGE) Approve as to form: atthew J. Mytych, Esq. Assistant City Attorney Date: FY 2023-24 CDBG CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Jifeoirrier City Manager Date: ''()( ci Attest: Rosemarie CaII City Clem Date: ice/ HVA (Domestic Violence Shelter Program SS) PS 15757 Page 5 of 6 (SUBRECIPIENT SIGNATURE PAGE) HOPE VILLAGE OF AMERICA, INC., a Florida non-profit corporation. By: id U/ Print Name: Nick DiCeglie Title: President and CEO STATE OF FLORIDA COUNTY OF PINELLAS This First Amendment was acknowledged�tbefo e me by means of 1 ' physical presence or online notarization, this 11.1 day of , 2024, by Nick DiCeglie as Xis personally known to me President and CEO of Hope Villages of America. Inc. He/She or has produced as identification. , " Commission Expires: rt►►Y .,JFSSKA L. BUCKLEY I 'aCr:c °V Notary Public - State of Florida 4 4, `? Commission t NH 391688 4 My Comm. Expires Apr 27, 2027 I Bonded through National Notary Assn. FY 2023-24 CDBG HVA (Domestic Violence Shelter Program SS) PS 15757 Page 6 of 6