THIRD AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENTTHIRD AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
R'CLUB CHILD CARE, INC.
THIS THIRD AMENDMENT TO CDBG PROGRAM AGREEMENT (this "Third
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 ("R'Club" 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, R 'Club is a private non-profit corporation that provides childcare and early
learning; and
WHEREAS, the Parties entered into that certain CDBG Agreement dated September 20,
2023 as amended by that certain First Amendment to CDBG Agreement dated December 28,
2023 and that certain Second Amendment to Development Agreement dated August 9, 2024
(collectively the "Agreement") for funding in the amount of Eighty -One Thousand One Hundred
Fifty -One Dollars And 00/100 Cents ($81,151.00) to enable R 'Club to make safety improvements
at the Gateway Early Learning Academy and 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). 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, 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" to the Agreement and incorporated herein by reference; and
WHEREAS, the Parties wish to amend the Agreement to protect the identity of R 'Clubs
students. Many are homeless, come from domestic violence situations and/or are below the
FY 2023-24 CDBG. R 'Club Child Care (Safety Improvements — Gateway ELA) PF 15685
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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 Third 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. Clients Household Size, Race and Ethnicity, the
Median Family Income Limits (AMI) established by the Department of Housing and
FY 2023-24 CDBG. R 'Club Child Care (Safety Improvements — Gateway ELA) PF 15685
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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:
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 Third Amendment
and the Agreement, the term and provisions of this Third 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 Third Amendment on this
3O' day of a^c '-- 2024.
(CITY OF CLEARWATER SIGNATURE PAGE)
Approve as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date: W) 4/) "i
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
City Manager
Date: 9.13497)61q
Attest:
Rosemarie CaII
DyJ
Date:to h� 30, V
�-c-P
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(SUBRECIPIENT SIGNATURE PAGE)
R'Club Child Care,Inc.,
a Florida non-profit corporation.
By:
Print Name: Debra Ballinger
Title: Executive Director
Date:
STATE OF FLORIDA
COUNTY OF PINELLAS
This Third Amendment was acknowledged bef• e me by means of ✓ physical presence or
online notarization, thi 7L day of
Executive Director of R'Club Child Care Inc., H
has produced as identification.
, 2024, by Debra Ballinger as
is personally known to me or
OTARY PUBLIC
Print Name:
MY COMMISSION # HH494007
My Commission Exp, - ^' EXPIRES: February 18,2028
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