SECOND AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENTSECOND AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC.
THIS SECOND AMENDMENT TO CDBG PROGRAM AGREEMENT (this "Second
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 Clearwater Neighborhood Housing Services, Inc., a Florida non-profit
corporation, with a principal address of 608 North Garden Avenue, Clearwater, FL 33755
("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, Tampa Bay NHS is a private non-profit corporation that provides
homeownership education and counseling services; and
WHEREAS, the Parties entered into that certain CDBG Program Agreement dated May
17, 2023 as amended by that certain First Amendment to CDBG Agreement dated July 1, 2024
(collectively the "Agreement") to utilize Eighty Three Thousand Ninety Dollars and 00/100 Cents
($83,090) in FY 2023-2024 CDBG funds to enable Subrecipient to replace the aging air
conditioning system at the CNHS Business Center located at 1045 N. Martin Luther King Jr. Ave.,
Clearwater, in the North Green wood Neighborhood Revitalization Strategy Area, where a Head
Start Program is run at this location; 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, 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
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WHEREAS, Parties now wish to amend the Agreement to indicate that in lieu of providing
applicant names in the monthly reports, Subrecipient will collect applicant I.D. numbers, AMI, Race
and Ethnicity from the HeadStart Program.
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 Second 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 10`h 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
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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
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.
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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.
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."
4. In the event of conflict or ambiguity between the terms and provisions of this Second
Amendment and the Agreement, the term and provisions of this Second 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.
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IN WITNESS WHEREOF, the Parties have executed this Second Amendment on this
304 day of S Lfi iout .AA - 2024.
Approve as to form:
(CITY OF CLEARWATER SIGNATURE PAGE)
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jennifer Poirrier
Citynag r
Date: woo pD.3i q
Attest:
Matthew J. Mytych, Esq.
Assistant Citt9trrty�
Date: //
Rosemarie CaII
Day: $ M 3 1� -i
►�
Date:
FY 2023-24 CDBG. CNHS (HVAC System — Head Start Center) PF 15941
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(SUBRECIPIENT SIGNATURE PAGE)
Clearwater Neighborhood Housing Service, Inc.,
a Florida non-profit corporation.
By:
mtri,------
Print Efrain Cornier Jr.
Title: President & CEO
Date: 19 2o2 -#f
STATE OF FLORIDA
COUNTY OF PINELLAS
This Second Amendment was acknowledged before me by means of physical presence or
N online notarization, this l 1 Lday of ,Q' 1v.--\yc,,/ , 2024, by Efrain Cornier as
is personally
as identification.
President & CEO of Clearwater Neighborhood Housing Services. He/She
known to me or 14$ has produced 14 i--',
jell lilz , <2
NOTARY PUBLIC
Print Name: /oc�c/Lcc/u,i
My Commission Expires: L//01/2o4
FY 2023-24 CDBG. CNHS (HVAC System — Head Start Center) PF 15941
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