FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTFIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
PERSONAL ENRICHMENT THROUGH MENTAL HEALTH SERVICES, INC.
THIS FIRST AMENDMENT TO CDBG PROGRAM 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 Personal Enrichment Through Mental Health Services, Inc., dba PEMHS, a
Florida non-profit corporation, with a principal address of 11254 58th Street North, Pinellas Park,
FL 33782 ("PEMHS" or "Subrecipient") (the City and Subrecipient shall be referred to collectively
as the "Parties").
WITNESSETH:
WHEREAS, the City administers its Community Development Block Grant ("CDBG") Public
Facilities & Improvement 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, PEMHS is a private non-profit corporation that provides behavioral health care;
and,
WHEREAS, the Parties entered into that certain CDBG Program Agreement dated October
31, 2023 (the "Agreement") to utilize One Hundred and Ninety Thousand Dollars and 00/100
Cents ($190,000) in FY 2023-2024 CDBG funds for safety and security improvements; and
WHEREAS, these services are an eligible activity under the CDBG program in accordance
with 24 CFR §570.201(e). These services are a low/moderate income area benefit activity and
meet a national objective as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2);
and
WHEREAS, PEMHS 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 incorporated herein by reference; and
WHEREAS, due to the protections of the Health Insurance Portability and Accountability
Act of 1996, the Parties wish to amend the Agreement to indicate that in lieu of providing names
and addresses for the monthly reports, PEMHS will provide client I.D. numbers and identification
of the applicable taxing districts.
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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 Parties agree as follows:
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 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)."
3. 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.
2. On the 10th of each month the Subrecipient shall submit data demonstrating client
eligibility for services provided. Such data shall include client I.D. number, race and
ethnicity, the tax district for their residence; CW, CWD or CWDO, the Median Family
Income Limits established by the Department of Housing and Urban Development
and based on total household size and total household income, and such other
information requested by the City's Economic Development and Housing
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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 less 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.
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
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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) Brief description of services or activities undertaken during the month
for which reimbursements are being requested.
b) Invoice with total cost of services, signed and dated.
c) For salary support submit the following: Timesheet Activity Report;
sample is Exhibit "G", Timecard/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.
d) 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."
4. 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.
5. All sections of the Agreement not expressly amended herein shall remain in full force and
effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment on this
day of 2024.
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(CITY OF CLEARWATER SIGNATURE PAGE)
Approve as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date: /I .?
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Date:
Attest:
Jnl r Poirrier
Cit a ager
q�'�-oma
tiOki 04,11_
Rosemarie Call
Date: c'f/�Cityq�-
FY 2023-24 CDBG. PEMHS, Inc. (Safety and Security Improvements) PF 15750
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(SUBRECIPIENT SIGNATURE PAGE)
Personal Enrichment through Mental Health
Services, Inc., dba PEMHS,
a Florida non-profit corporation.
Print Maxine Booker
Title: CEO and President
Date: q l 1 aai251
STATE OF FLORIDA
COUNTY OF PINELLAS
This First Amendment was acknowledged before me by means of ✓ physical presence or
online notarization, this Low day of -c;:kQ- , 2024, by Maxine Brooker as
CEO and President of Personal Enrichment through Mental Health Services, Inc., dba PEMHS.
He() is personally known to me or has produced
`. ' \YesiS Lc.erse., as identification.
4iLT�••°•., KATHY DELGADO
`, Notary Public - State of Florida �
Commission # HH 331631
\„f. qF . My Comm. Expires Nov 14, 2026 P
Bonded through National Notary Assn,
NOTARY PUBLI
Print Name:
My Commission Expires:
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