FOURTH AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS (CDBG-CV) PROGRAM AGREEMENTFOURTH AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS
(CDBG-CV) PROGRMA AGREEMENT
BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
R'CLUB CHILD CARE, INC.
THIS FOURTH AMENDMENT TO CDBG-CV PROGRAM AGREEMENT (this "Fourth
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 49th Street North, St. Petersburg, FL 33709 (""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, in response to the Coronavirus Pandemic (COVID-19), the United States
Department of Housing and Urban Development (HUD) has notified the City of Clearwater that it
received a cumulative allocation of One Million Three Hundred Fifty -One Thousand Five Hundred
Sixty Dollars and 00/100 Cents ($1,351,560.00) of Community Development Block Grant Program
-Coronavirus Response funds (CDBG-CV funds) to be used to prevent, prepare for, and respond
to COVID-19; and
WHEREAS, the City has identified that there is a community need for HVAC air quality
upgrades to reduce the transmission of the Coronavirus and mitigate the future spread of the
virus; and
WHEREAS, Subrecipient is a private non-profit corporation that provides childcare and
early learning; and
WHEI tEAS, the Parties entered into that certain CDBG-CV Agreement dated January 26,
2023 as ameided by that certain First Amendment to CDBG-CV Agreement dated March 30,
2023, that certain Second Amendment to CDBG-CV Agreement dated June 9, 2023, and that
certain Third Amendment to CDBG-CV Agreement dated September 26, 2023 (collectively the
"Agreement") for funding in the amount of ONE HUNDRED FIFITY-FIVE THOUSAND THREE
HUNDRED TEN Dollars And 00/100 Cents ($155,310.00) to enable R 'Club to undertake COVID-
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19 air quality upgrades to replace the HVAC ductwork and add an air purification system to ensure
the building's continued usefulness during an outbreak; 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, the Project meets the criteria of an eligible CDBG-CV activity by protecting
preschool children and staff by providing the safest learning environment so that childcare
operations continue during a Coronavirus pandemic; and
WHEREAS, Subrecipient 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, the Parties now wish to amend the Agreement to protect the identity of R
'Clubs students and extend the term for an additional year. Many are homeless, come from
domestic violence situations, and/or are below the poverty level. R 'Club shall report Family Size,
AMI, Race and Ethnicity directly to the City through the Neighborly Software Portal while
maintaining detailed information such as applications with names and addresses onsite.
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 Fourth Amendment.
2. Amended Term. The Agreement and its exhibits are hereby amended to reflect the new
term end date of September 30, 2025.
3. Amended and Restated Section 11, 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,
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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.
2. On the 10th of each month the Subrecipient shall submit data demonstrating client
eligibility for services provided. Clients Household Size, Race and Ethnicity, the
Median Family Income Limits (AMI) established by the Department of Housing and
Urban Development which is based on total household size and total household
income for residents in tax district; CW, CWD or CWDO, 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:
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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.
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) 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.
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c) 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.
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."
5. In the event of conflict or ambiguity between the terms and provisions of this Fourth
Amendment and the Agreement, the term and provisions of this Fourth 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.
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IN WITNESS WHEREOF, the Parties nave executed this Fourth Amendment on this
30day of "-- 2024.
(CITY OF CLEARWATER SIGNATURE PAGE)
Approve as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney, � ,/
Date: ��//�� yy ]'
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Date:
Attest:
Rosemarie Call
City Cle�n. b� 30t
Date: �'�'�
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(SUBRECIPIENT SIGNATURE PAGE)
R'Club Child Care,Inc.,
a Florida non-profit corporation.
B
Print Name: Debra Ballinger
Title: Executive/�Director/
Date: 7 /%-%r7
STATE OF FLORIDA
COUNTY OF PINELLAS
This Fourth Amendment was acknowledged efore me by means of physical presence or ❑
online notarization, thisd.�ay o 2 24, by Debra Ballinger as
Executive Director of R'Club Child Care Inc., He y is personally known to me or ❑ has
produced
as identification.
OTARY PUBLIC
Print Name:
My Commission ExpireN
Y
MY COMMISSION # 14 007
18, EXPIRES: February
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