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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - CDBGCOMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BETWEEN THE CITY OF CLEARWATER, FLORIDA AND DIRECTIONS FOR MENTAL HEALTH, INC. DBA DIRECTIONS FOR LIVING THIS CDBG PROGRAM AGREEMENT (this "Agreement") 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 Directions for Mental Health, Inc. dba Directions for Living, a Florida not-for- profit corporation with a principal address of 1437 South Belcher Road, Clearwater, FL 33764 ("Subrecipient") (the City and Subrecipient shall be referred to collectively as the "Parties"). WITNESSETH: WHEREAS, the City administers a Community Development Block Grant ("CDBG") Public Facilities and Improvements Program, which is funded by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, the City submitted its Annual Action Plan (the "Action Plan") for the fiscal and program year ending September 30, 2026 (FY2025-2026), as approved by the City of Clearwater City Council, to HUD. 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 Public Services, Public Facilities and Improvements, and Housing Initiatives as further detailed in its Consolidated Plan for Housing and Community Development Programs 2025 -2029; and WHEREAS, Subrecipient is a not-for-profit organization that provides mental health, substance abuse, and homeless services to low- and moderate -income residents in Clearwater; and WHEREAS, Subrecipient was granted ONE HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED FORTY DOLLARS AND 00/100 CENTS ($186,340.00) in FY2025-2026 CDBG funds for the replacement of interior fire -rated doors, exterior double entry front doors, and the improvement of stairwells, which will enhance safety, privacy, accessibility, and overall functionality of the facility for both clients and staff.; and WHEREAS, Subrecipient is eligible to undertake a Public Facilities Improvement Project in accordance with 24 CFR §570.201(c) Public Facilities and Improvements in support of activities benefiting Low and Moderate -Income ("LMI") persons, in compliance with a CDBG Program National Objective as defined in 24 CFR 570.208(a)(2) Low Mod Limited Clientele activities and 24 CFR §570.200(a)(2). WHEREAS, Subrecipient has available the necessary qualified personnel, facilities, materials, and supplies to carry out the proposed improvements. Such improvements are essential to ensure continued availability and accessibility of the facility and its services for residents eligible and qualified to receive such services. Residents shall be 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" and incorporated herein by reference; and WHEREAS, all allowable expenses under this Agreement will be paid from available CDBG program grant funds on a reimbursement basis; and FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 1 of 52 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 Subrecipient agree as follows: SECTION I: SCOPE OF SERVICES AND USE OF FUNDS 1. Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2. National Objectives and Use. Subrecipient certifies that the activities carried out with the funds provided under this Agreement will meet the CDBG program national objective of benefiting low and moderate -income persons as required under 24 CFR § 570.200(a)(2) and 24 CFR § 570.208(a). The qualifying national objective for this activity is ❑ (1) Low Mod Area Benefit (LMA) activities as described in 24 CFR 570.208(a)(1); or ® (2) Low Mod Limited Clientele (LMC) activities as described in 24 CFR 570.208(a)(2), LMA or LMC activities may include: Presumed benefit activities — serving a group of persons that HUD presumes to be principally low and moderate -income, such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with aids, or migrant farm workers. The subrecipient shall maintain a description of the facility and the nature of the service provided, along with records showing that the facility is used primarily by the eligible group. Income -verified activities — serving a group of persons that are not presumed to be principally low and moderate -income. The subrecipient shall collect client self -certification or intake forms documenting household size and annual income, and maintain aggregate demographic data (race, ethnicity, etc.) as required for HUD reporting. 3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a subaward to Subrecipient in the amount of ONE HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED FORTY DOLLARS AND 00/100 CENTS ($186,340.00) (the "Grant") in FY 2025-2026 CDBG funds toward the project defined below. Pursuant to 2 CFR §200.332 "Requirements for pass-through entities", the required subaward information is attached as Exhibit "B". Any portion of the Grant remaining unexpended or not disbursed to Subrecipient by the City as of the termination date of this Agreement may be deobligated from this Agreement and made available for other City projects as determined by the City. 4. Statement of Work/Program and Project Description. The Grant provided under this Agreement shall be used to implement public facilities improvements at 1437 S. Belcher Road, Clearwater 33764 (the "Project"). The Project will benefit 2,064 low to moderate -income City of Clearwater residents according to HUD income guidelines attached as Exhibit "A". 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 reference. Scope of Activities funded under this Agreement may include the following: > 90 Interior doors and one set of exterior double entry front doors replacement, plus painting new doors. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 2 of 52 I. Replace 90 interior doors with new 36"x80" 20 -minute fire -rated doors with frosted glass panels and all necessary hardware, paint, reinstall electronic access control system as needed, and properly dispose of all removed doors, II. Removing one (1) set of front exterior doors – and replace with new impact resisting double entry glass doors, III. Installing new exterior hardware to ensure ADA compliance, IV. Replacing one (1) locking mechanism and other safety/security features, V. Apply required lettering on one set of exterior double entry front doors to display operating hours and other important information as required by law. > Two stairwell Improvements at our Clearwater Center I. Remove (6) existing stairwell doors and replace new steel stairwell doors and hardware and paint all 6 new doors, II. Install new flooring and stair treads on all three floors, III. Prep and paint walls on all three floors, IV. Prep and paint railings, balusters, and ladder on all three floors Subrecipient provides mental health, substance abuse, and homeless services to low- and moderate -income residents in Clearwater. The Clearwater Center houses intake and assessment, child and adult therapy and psychiatry, medication monitoring, case management, certified peer support, pharmacy services, and administrative offices. This Project will replace aging and non-compliant interior doors, exterior front doors, and stairwells to ensure the facility meets modern fire safety and accessibility standards. Improvements will enhance safety, reduce noise, increase privacy, and create a more therapeutic environment for clients and staff. This program meets the HUD National Objective of benefiting low -and moderate -income clientele (LMC). Services will be provided to an estimated number of 2,064 Clearwater residents. 5. Performance Monitoring. The City will monitor the Subrecipient's performance against goals, program requirements, and compliance with this Agreement, including timely expenditure of the Grant, achievement of performance benchmarks, and adherence to the milestone schedule in Exhibit "D." In accordance with 2 CFR § 200.339, substandard performance—such as failure to meet performance goals, expend funds in a timely manner, or comply with any provision of this Agreement—constitutes noncompliance. In the event of such substandard performance, the City may issue written notice of noncompliance and require corrective action. If corrective action is not taken within thirty (30) calendar days, the City may, at its discretion, reduce, suspend, or terminate the Grant, reallocate unspent funds, or take other remedies permitted under federal regulations. Subrecipient must return any unspent or de - obligated CDBG funds within five (5) business days of written notice from the Economic Development and Housing Department Director. In accordance with 2 CFR §200.344, the City may reprogram such funds for other eligible activities in accordance with CDBG regulations. 6. Expenditure of Funds/Budget. Subrecipient shall use the Grant for eligible expenses permitted under the CDBG regulations as set forth in 24 CFR Part 570 and in accordance with the Budget. Any changes in budget line items, including additions, must be requested in writing and approved in writing by the City's Economic Development and Housing Department Director or Assistant Director before related expenditures can be undertaken. Subrecipient shall be responsible for any cost overruns above the amount of the Grant. Subrecipient shall not use any CDBG funds for prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any requests for reimbursement to verify the reasonableness and validity of such costs and the Budget may be modified by the City accordingly. Subrecipient acknowledges and agrees that any funds not used in accordance with permitted CDBG regulations and the Budget must be repaid to the City. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 3 of 52 7. Term and Time of Performance. Subrecipient shall perform services under this Agreement during its effective term from October 1, 2025, through September 30, 2026 (the "Term"), unless cancelled or earlier terminated. Costs may not be incurred after September 30, 2026. Notwithstanding anything herein to the contrary, Subrecipient's obligations to the City shall not end until all closeout requirements are completed, including but not limited to making final payments, disposing of program assets, and retention of records. Additionally, the Term shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including Program Income or for any HUD audits requiring repayment of any funds unlawfully spent under this Agreement. Any rehabilitation activities shall not commence until the City issues a written Notice to Proceed. SECTION II: ADMINISTRATIVE REQUIREMENTS 1. Applicable Laws and Regulations. Subrecipient shall comply with the requirements of the Housing and Community Development Act of 1974, as amended, all CDBG program requirements, 24 CFR Part 570, all other laws and regulations and regulatory guidance governing the use of the Grant, and any amendments or policy revisions thereto which shall become effective during the Term. It is Subrecipient's responsibility to read, understand, and comply with these laws and regulations. In addition, Subrecipient shall abide by any and all other applicable federal or state laws, rules, regulations, HUD guidance, and policies governing the funds provided under this Agreement, whether presently existing or hereafter promulgated. Subrecipient shall also comply with all other applicable federal, state, or local laws, statutes, ordinances, rules, and regulations. 2. Uniform Administrative Requirements and Cost Principles. Subrecipient shall comply with the uniform administrative requirements specified at 24 CFR §570.502 and §570.610. Subrecipient also agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements set forth in 2 CFR Part 200 and adopted by HUD at 2 CFR Part 2400. 2 CFR Part 200 addresses many requirements including but not limited to standards for financial and program management, property and procurement standards, performance and financial monitoring and reporting, subrecipient monitoring and management, record retention and access, remedies for noncompliance, Federal Funding Accountability Transparency Act ("FFATA"), and closeout. Subrecipient shall comply with all applicable HUD guidance, policies, and procedures. Subrecipient also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, maintain necessary source documentation for all costs incurred, and submit an indirect cost allocation plan, if such plan is required. Subrecipient also agrees to comply with the program requirements set forth in Exhibit "E" which is attached hereto and incorporated herein by this reference. 3. Procurement/SubcontractingIThird Party Contracts. Subrecipient agrees to abide by the provisions of 2 CFR Part 200.318 and 24 CFR Part 92.356, which include maintaining a written code of standards or conduct that will govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. If Subrecipient hires contractors, Subrecipient shall procure all material, property, or services in accordance with state and local requirements and the requirements of 2 CFR §§200.318-200.327. Third parties may be procured for a variety of services. Subrecipient shall ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair, full, and open competition basis in accordance with applicable procurement requirements and secure at least three (3) price quotes or bids, as applicable. Subrecipient shall incorporate into any and all third party bid documents and contracts the provisions required in 2 CFR §200.327 and Appendix II to Part 200, including, but not limited to, provisions FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 4 of 52 which will obligate each of its subcontractors to comply with all notices pertaining to HUD guidelines such as bidding procedures, Equal Employment Opportunity requirements, nondiscrimination requirements, anti -kickback requirements, federal labor standard provisions, and lobbying prohibitions issued by various federal agencies applicable to the CDBG program. Subrecipient shall not enter into any subcontract with any entity, agency, or individual in the performance of this Agreement without the written consent and approval of the City's Economic Development and Housing Department prior to execution of the agreement or contract. Subrecipient agrees to furnish to the Economic Development and Housing Department a copy of each third -party contract it enters into for the performance of work to be undertaken within the scope of this Agreement along with documentation concerning the selection process. The lowest and most responsive bidder shall be recommended by Subrecipient to the City's Economic Development and Housing Department. Subrecipient shall require and monitor compliance by all contractors, subcontractors, and other third parties. Subrecipient will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in the monthly report. The City shall not be obligated or liable hereunder to any party Subrecipient enters into agreements with for the Project. 4. Records Maintenance Requirement. Subrecipient shall maintain all records and accounts in accordance with 2 CFR Part 200, 24 CFR Part 570.502 and 24 CFR 570.506. These records are essential for documenting eligibility, compliance, and proper use of CDBG funds. All records must be accurate, complete, and well -organized to ensure proper accounting and monitoring of all CDBG funds. In the event that the City determines Subrecipient is not adequately maintaining required records, the City reserves the right to unilaterally terminate this Agreement. These records include but are not limited to the following: • Records providing a full description of each activity undertaken; • Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; • Records required to determine the eligibility of activities; • If applicable, Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; • Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; • Financial records as required by 24 CFR 570.502, and 2 CFR 200; • Other records necessary to document compliance with Subpart K of 24 CFR 570; • Proof of city residency documents; • Proof of required insurance; • If applicable, the basis for determining eligibility; • Description of services received and dates of services; and • Any other records related to or resulting from the activities performed under this Agreement. If applicable, for Records for Low and Moderate Income Benefit (LMA) Activities: • Documentation identifying the service area of the activity and demonstrating that the area meets HUD's definition of a primarily low and moderate -income area per §570.208(a)(1); • A map of the service area; • Current low/mod census data or approved survey results to support income qualification; • Description of how the service or activity benefits all residents of the area on an area -wide basis (not individual intake). NOTE: The above items are only a brief summary of the records Subrecipient is required to maintain. Subrecipient shall consult 2 CFR Part 200 and 24 CFR §570.506 for a detailed description of the required records. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 5 of 52 5. Retention of Records. Subrecipient shall maintain accurate and complete records, including accounting, financial, statistical, and supporting documentation, to demonstrate compliance with this Agreement and CDBG requirements (2 CFR Part 200 and 24 CFR § 570.506). All records shall be retained for five (5) years from the date the City submits its Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities under this Agreement are reported. Records must be retained longer if: • They are subject to litigation, claims, or audits initiated before the retention period ends (retain until resolution); • They relate to displaced persons (retain for five years after final payment); • They pertain to real property or equipment acquired with CDBG funds (retain for five years after final disposition); • Subrecipient is notified by the City, HUD, or an auditor to retain them longer; or • They involve program income, indirect cost proposals, or cost allocation plans (retain three years after the end of the applicable period). 6. Monitoring and Inspections/Access to Records. In accordance with 2 CFR § 200.336 and 24 CFR § 570.502, the City may monitor Subrecipient's performance, financial management, and compliance with this Agreement and applicable CDBG regulations. Subrecipient shall permit the City, HUD, and their authorized representatives, during normal business hours or as otherwise required, to access the Project site, facilities, records, and personnel for the purposes of inspection, monitoring, audit, and compliance verification. Subrecipient shall ensure that its contractors and subcontractors provide the same access and cooperation. This obligation includes furnishing all requested reports and documentation promptly. These rights of access and inspection shall survive the termination of this Agreement. 7. Audits and Financial Statements. a. Subrecipient shall comply with 2 CFR Part 200 Subpart F — Audit Requirements. In accordance with 2 CFR §200.510, Subrecipient shall prepare financial statements that reflect its financial position, results of operations or changes in net assets, and, where appropriate, cash flows for the fiscal year audited. Subrecipient shall also prepare a schedule of expenditures of federal awards for the period covered by Subrecipient's financial statements. The schedule must include the total Federal awards expended as determined in accordance with § 200.502. Subrecipient shall provide the City with its annual financial statement within ninety (90) days of the end of its fiscal year. This financial statement shall be prepared by an independent certified public accountant. b. In addition, if expending One Million Dollars and 00/100 Cents ($1,000,000.00) or more of Federal awards during its fiscal year, Subrecipient shall comply with the audit provisions contained in 2 CFR 200 Subpart F and the Single Audit Act Amendments of 1996 (31 U.S.C. §§7501-7507). Audits shall be conducted annually. Subrecipient shall submit its annual audit to the City and within one hundred twenty (120) days of the end of Subrecipient's fiscal year. Subrecipient must clear any deficiencies noted in the audit reports within thirty (30) days after receipt of any noted deficiencies. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not expended in accordance with the conditions of this Agreement, Subrecipient shall be held liable for reimbursement to the City of all funds not expended in accordance with those regulations and Agreement provisions within thirty (30) days after City has notified FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 6 of 52 Subrecipient of such non-compliance. Any reimbursement by Subrecipient shall not preclude the City from taking any other action or pursuing other remedies. Failure to comply with these audit requirements constitutes a violation of this Agreement and may result in the withholding of future payments. If Subrecipient expends less than One Million Dollars and 00/100 Cents ($1,000,000.00) in federal awards during its fiscal year, they are exempt from this requirement, except as noted in 2 CFR §200.503, but records must be available for review or audit by appropriate officials of HUD, the City, or GAO. c. Subrecipient also agrees to allow the City's Internal Audit Department, or any of the City's other departments or representatives, to conduct any audits or financial monitoring the City deems necessary at any time during the Term or pursuant to any HUD request. Subrecipient shall provide written confirmation to City highlighting the status of actions planned or taken to address Single Audit findings of deficiencies related to the subaward provided for hereunder in accordance with 2 CFR §200.332(d)(2). 8. Program Income. Subrecipient shall report all program income, as defined and required at 24 CFR §570.500 and 24 CFR §570.504 ("Program Income"), in a monthly report to the City's Economic Development and Housing Department. Documentation of the receipt of Program Income, such as supporting schedules identifying the Project and the source of income, must be submitted to the City within five (5) days of its receipt. At the end of the program year or upon expiration or earlier termination of this Agreement, Subrecipient shall transfer all Program Income to the City within five (5) days of the expiration or termination of this Agreement. If Subrecipient receives any Program Income after this Agreement expires or is terminated, Subrecipient shall immediately remit said Program Income balances to the City as required in 24 CFR §570.503 within five (5) days of receipt. If applicable, Subrecipient shall file reports of Program Income as set forth in the below section titled "Reports." 9. Reports. Subrecipient shall file reports in accordance with the reporting schedule attached as Exhibit "F". In the event that Subrecipient is legally unable to provide the City with certain information or documentation, Subrecipient shall promptly notify the city of its inability to provide such information or documentation and cite to the body of law preventing such disclosure. The City may, at its sole discretion, waive certain reporting requirements of this Agreement to the extent such waiver does not conflict with the applicable laws, regulations, or rules of the CDBG program or HUD. Such information and documentation shall remain on file and available with Subrecipient for onsite inspections by either the City or HUD. In the event that the City elects not to waive such reporting requirements and Subrecipient is unable or unwilling to provide the requested documentation or information, the City reserves the right to unilaterally terminate this Agreement. The monthly reports shall be due on the 10th of each month to provide a Project Status Update and Accomplishments based on the National Objective. 10. Reversion of Assets. The reversion of assets and use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR §200.311 and §200.313, 24 CFR §570.502, §570.503, §570.504, and §570.505, as applicable, which include but is not limited to the following: a. Subrecipient shall transfer to the City any CDBG funds or Program Income on hand at the time of expiration or termination of this Agreement and any accounts receivable attributable to the use of CDBG funds as required by 24 CFR §570.503(b)(7); and FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 7 of 52 b. If this Agreement involves real property under Subrecipient's control that was acquired or improved, in whole or in part, with CDBG funds in excess of Twenty -Five Thousand Dollars ($25,000.00), then the real property: (1) Shall continually for a period of five (5) years following the expiration of this Agreement be used to meet one of the CDBG National Objectives cited in 24 CFR §570.208; or (2) If Subrecipient fails to use the real property in accordance with paragraph (1) above, Subrecipient shall pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditure of non-CDBG funds for the acquisition or improvement to the real property. The payment shall be considered Program Income to the City. 11. Indirect Costs. If applicable and requested by the City, Subrecipient shall develop an indirect cost allocation plan in accordance with 2 CFR Part 200 for determining the appropriate share of administrative costs and shall submit such plan to the City for approval in a form specified by the City. This indirect cost allocation plan must be submitted before any funds will be disbursed under this Agreement. 12. Payment Procedures/Reimbursement of Funds. This is a cost reimbursement agreement. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget and for which Subrecipient has made payment. Upon compliance with the terms of this Agreement, the City will reimburse funds only after completion of the work and after receipt and approval by appropriate City personnel of the draw request (to be submitted in the City's Subrecipient Portal of Neighborly Software). Draw requests shall be submitted no more frequently than once a month and shall be in accordance with the Budget specifying the services performed and expenses incurred. All draw requests must be accompanied by adequate billing documentation of payment for eligible expenses (Le. invoices, costs, receipts, bills from vendors, copies of checks, lien waivers, affidavits, applications, certifications, timesheets) and other supporting documentation the City may request. Draw requests shall include adequate documentation of expenditures and all other information described in Exhibits "E" -"G", attached hereto and incorporated herein by reference. No interest shall be earned on grant proceeds. All draw requests submitted to the City must be submitted by an authorized signatory of Subrecipient and certified in accordance with 2 CFR §200.415. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any draw requests to verify the reasonableness and validity of such costs and such Budget may be modified by the City accordingly. Notwithstanding anything herein to the contrary, Subrecipient shall not request payment from the City under this Agreement for any portion which has been paid from another source of revenue and further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 13. Withholding Payments. The City's obligation to reimburse Subrecipient is conditioned on Subrecipient's full compliance with this Agreement. A breach of this Agreement is grounds for non-payment by the City. SECTION IV: PERSONNEL AND PARTICIPANT CONDITIONS 1. Nondiscrimination. Subrecipient shall comply with all applicable federal nondiscrimination laws and regulations including but not limited to Sections 104(b), 107, and 109 of the Housing and Community Development Act of 1974, as amended; Title VI of the Civil Rights Act of 1964; the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; and the implementing regulations in 24 CFR Parts FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 8 of 52 1, 6 and 8. Subrecipient shall include appropriate nondiscrimination provisions in all subcontracts and maintain documentation demonstrating compliance 2. Subrecipient agrees it will not use Federal funding to promote diversity, equity, and inclusion (DEI) mandates, policies, or activities that violate any applicable Federal anti -discriminations laws. 3. Equal Employment Opportunity. Subrecipient shall comply with 24 CFR §570.607, Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (Equal Employment Opportunity Programs), and Executive Order 13279 (Equal Protection of the Laws for Faith -Based Community Organizations) and the implementing regulations in 41 CFR Part 60, and the provisions of the Equal Employment Opportunity Clause attached as Exhibit "H" and made a part hereof by this reference. Any contracts or subcontracts entered into by Subrecipient or its contractors shall also require compliance with these regulations and will, in all solicitations or advertisements for employees state that Subrecipient is an Equal Opportunity employer and attach this clause. Subrecipient shall keep records and documentation demonstrating compliance with these regulations. 4. Disability Accessibility Requirements. Subrecipient shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157), the Uniform Federal Accessibility Standards, as set forth in 24 CFR §570.614, the Americans with Disabilities Act of 1990 (42 U.S.C. §12131) and its implementing regulations in 28 CFR Parts 35 and 36, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations in 24 CFR Part 8, and all state and local laws requiring physical and program accessibility to people with disabilities. Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records demonstrating compliance with these regulations. 5. Certain Business Enterprises. Subrecipient shall comply with applicable federal procurement standards, including 2 CFR §200.321, which require consideration of small businesses, veteran -owned businesses, and other disadvantaged business enterprises in the procurement of goods and services. Solicitations shall be structured, where feasible, to provide opportunities for such entities to compete. Subrecipient shall maintain procurement records that demonstrate compliance with applicable outreach and inclusion efforts, and shall incorporate these requirements into all subcontracts, as appropriate. 6. Political Activities. Subrecipient shall comply with 24 CFR §570.207(a)(3) regarding political activities. CDBG funds shall not be used for lobbying or political patronage activities. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent be engaged in the conduct of political activities in violation of Chapter 15 of Title V, United States Code (Hatch Act) or 24 CFR §570.207(a)(3). 7. Anti -Lobbying Provision. Subrecipient shall comply with the requirements set forth in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87. Subrecipient and any contractors who apply or bid for an award of One Hundred Thousand Dollars and 00/100 Cents ($100,000.00) or more shall execute and comply with the "Certification Regarding Lobbying" attached as Exhibit "I" and made a part hereof by this reference. Subrecipient shall execute the "Certification Regarding Lobbying" and a copy shall be kept in the files of each of the parties of this Agreement. 8. Conflict of Interest. In the procurement of supplies, equipment, construction, and services, Subrecipient shall comply with the conflict-of-interest rules in 2 CFR Part 200. Subrecipient agrees and warrants that it must maintain written standards of conduct covering conflicts of interest the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 9 of 52 employee, officer, agent, board member, or any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, or board member of Subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. If Subrecipient has a parent, affiliate, or subsidiary organization, Subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, Subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. In all cases not governed by 2 CFR Part 200, Subrecipient shall comply with the conflict-of-interest provisions contained in 24 CFR §570.611. Such cases include the acquisition and disposition of real property and the provision of assistance by Subrecipient to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to § 570.203, 570.204, 570.455, or 570.703(i)). Although this summary does not intend to replace 24 CFR §570.611, essentially this rule states that no "persons" described in §570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds, or who are in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. The "persons" covered in 24 CFR §570.611(c) include any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of Subrecipients that are receiving CDBG funds. Subrecipient shall also keep records supporting requests for waivers of conflicts. Subrecipient will disclose in writing any potential conflicts of interest to the City. By executing this Agreement, Subrecipient covenants and certifies that none of its employees, officers, agents, or board members described in these regulations have any interest in this Agreement, any property being rehabilitated, or any other interest which would conflict in any manner with this Agreement or its performance. 9. Faith -Based Activities. Subrecipient shall comply with Executive Order 13279, 24 CFR §5.109 (Equal Participation of Religious Organizations in HUD Programs and Activities), and 24 CFR §570.200(j). Essentially, these regulations provide for the following: a) Equal treatment of program participants and program beneficiaries. Organizations that are religious or faith -based are eligible, on the same basis as any other organization, to participate in the CDBG program. The Federal Government, the State government, and any local governments receiving funds under the CDBG program shall not discriminate against an organization based on the organization's religious character or affiliation. b) Separation of inherently religious activities. Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship, religious FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 10 of 52 instruction, or proselytization, as part of the programs or services funded. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the program beneficiaries of the HUD -funded programs or services provided. c) Religious Identity. A religious organization that is a recipient or subrecipient of CDBG funds will retain its independence, autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith - based organizations may use space in their facilities to provide CDBG-funded services, without removing or altering religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. d) Beneficiaries. An organization that participates in the CDBG program shall not in providing program assistance discriminate against a program beneficiary or prospective program beneficiary based on religion or religious belief. e) Structures. CDBG funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for explicitly religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the CDBG program. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, new construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of the real property after the term of the loan or grant, or any change in use of the property during the term of the grant or loan, is subject to government -wide regulations governing real property disposition (2 CFR Part 200). 10. Drug -Free Workplace. Subrecipient will provide a drug-free workplace. Subrecipient shall comply with the Drug -Free Workplace Act of 1988 and implementing regulations in 2 CFR Part 2429 regarding maintenance of a drug-free workplace. Subrecipient shall complete and comply with the "Certification Regarding Drug -Free Workplace Requirements" attached as Exhibit "J" and made a part hereof by this reference. Subrecipient shall ensure that the provisions in Exhibit "J" are included in all third -party contracts, subcontracts, and purchase orders that exceed Ten Thousand Dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. Subrecipient will complete this certification and a copy shall be kept in the files of each of the parties of this Agreement. 11. Program Requirements. Subrecipient agrees to comply and carry out all its activities in accordance with the CDBG program requirements set forth in 24 CFR Part 570, Subpart K. 12. Nondiscrimination and Equal Opportunity in Housing Under E.0 11063. Subrecipient shall comply with regulations at 24 CFR Part 100; and Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing) and their implementing regulations in 24 CFR Part 107. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 11 of 52 13. Resident Aliens. Subrecipient shall comply with the requirements set forth in 24 CFR §570.613 regarding eligibility restrictions for certain resident aliens. 14. Debarment and Suspension. Subrecipient shall comply with the debarment and suspension requirements set forth in 24 CFR §570.609, which requires compliance with 24 CFR Part 5 and 2 CFR Part 2424. Subrecipient shall not enter into a contract with any person, agency, or entity that is debarred, suspended, excluded from, or ineligible for participation in federal assistance programs under Executive Order 12549 or 12689, "Debarment and Suspension," which is made a part of this Agreement by reference. In the event that Subrecipient has entered into a contract or subcontract with a debarred or suspended party, no CDBG funds will be provided as reimbursement for the work done by that debarred or suspended contractor or subcontractor. Subrecipient shall keep copies of the debarment and suspension certifications required by 2 CFR Part 2424 and a copy of the sheet documenting that the federal debarment list was checked. 15. Florida Statutes and Clearwater City Codes. Subrecipient agrees to comply with all laws of the State of Florida and the Clearwater City Codes. In particular, Subrecipient shall comply with all licensing, registration, and other applicable laws and regulations governing their ability to administer the Program and the activities in the Project. 16. Agreement Between the City and HUD. Subrecipient agrees that it shall be bound by the standard terms and conditions used in the CDBG Agreement between the City and HUD, and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the conditions of this Agreement or subsequent to the execution of this Agreement by the parties hereto. 17. Fees for Use of Facilities. Reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges such as excessive membership fees, which have the effect of precluding low and moderate income persons from using the facilities, are not permitted. 18. Registration. Subrecipient agrees to maintain a current registration in the System for Award Management ("SAM") database (sam.gov) pursuant to the Federal Funding Accountability and Transparency Act (FFATA), P.L. 109-282, as amended by Section 6202(a) of P.L. 110-252 and the regulations implementing the Act at 2 CFR Part 25 and 2 CFR Part 170. If Subrecipient is not currently registered, it must do so prior to the date the City executes this Agreement, and no later than October 1, 2025Error! Reference source not found.. Furthermore, Subrecipient attests that there are no exclusions for the organization or any principals of the organization; there is no suspension, debarment, or proposal for debarment of an individual or entity, which is prohibited, restricted, or otherwise excluded or ineligible for federal awards by any federal agency. Subrecipient shall also complete and sign the affidavit attached as Exhibit "K" in conjunction with its execution of this Agreement and provide any supporting documentation, if required. 19. Mandatory Disclosures — Violations of Federal Criminal Law. Subrecipient must disclose to the City all violations of Federal criminal law involving fraud, bribery, or "gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.339, which includes suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. §3321). By executing this Agreement, Subrecipient warrants and certifies that no such violations of federal criminal law exist that could potentially affect this award. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 12 of 52 20. Cybersecurity. Subrecipient shall comply with the cybersecurity regulation at 2 CFR §200.303(e) regarding the requirement to take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information and other types of information. 21. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. If applicable, Subrecipient shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained in 24 CFR Part 75 regarding economic opportunities for low-income persons and the use of local businesses, if applicable. Subrecipient shall also keep records demonstrating compliance with these regulations, including 24 CFR §570.506(9)(5). 22. Build America, Buy America Act. If applicable, Subrecipient and any contractors and subcontractors of Subrecipient shall comply with the applicable requirements and conditions of the Build America, Buy America Act ("BABA") (Pub. L. No. 117-58, §§ 70901-52) and all underlying federal regulations contained in 2 CFR Part 200. Subrecipient shall keep and maintain records demonstrating compliance with BABA. SECTION V: ENVIRONMENTAL 1. Environmental Review Requirements. In accordance with 24 CFR §570.604 and 24 CFR Part 58, the activities under this Agreement are subject to environmental review requirements. CDBG regulations require the preparation of an Environmental Review Record (the "ERR") and environmental clearance before funds are expended or costs incurred. City staff will prepare the ERR. Subrecipient is not required to assume responsibility for an environmental review or assessment of this program pursuant to 24 CFR Part 58, nor responsibility for initiation of an intergovernmental review of this program and its activities (24 CFR §570.604). However, Subrecipient is required to provide information about its activities in order for the City to comply with its responsibility under 24 CFR Part 58. Subrecipient shall submit to the City any changes to the proposed activity so that the City may evaluate this new information and conduct any further environmental review. This information must be submitted to the City for approval at least forty- five (45) days prior to any commencement of work. Subrecipient also agrees to assist the City in addressing environmental issues that may arise during the City's review process. 2. Flood Disaster Protection. Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4106) and implementing regulations in 44 CFR Parts 59 through 80 in regard to the sale, lease, or other transfer of land acquired, cleared, or improved under the terms of this Agreement, as it may apply to the provisions of this Agreement. 3. Flood insurance program. Should any construction or rehabilitation of existing structures with assistance provided under this Agreement occur in an area identified as having special flood hazards by the Director of Federal Emergency Management, Subrecipient agrees to comply with all relevant and applicable provisions of 24 CFR §570.605 concerning the National Flood Insurance Program. Subrecipient agrees that if any portion of any property improved in connection with this Project is located in a special flood hazard area, flood insurance will be required by the City and must be provided. 4. Lead -Based Paint. If this project is a non-residential Public Facilities, it falls under the Lead -Based Paint exemption. However, if the Scope of Work includes removal or installation of exterior windows, or other renovation/demolition activities that may disturb painted surfaces in a structure built prior to 1978, the Subrecipient shall conduct a hazardous materials inspection for asbestos and lead-based paint prior to construction. Such inspections and worker protections are required under OSHA construction standards for asbestos (29 CFR 1926.1101) and lead (29 CFR 1926.62), together with the OSHA Hazard FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 13 of 52 Communication Standard (29 CFR 1910.1200), which ensures that chemical hazards are properly classified and communicated to employers and employees. Lead-based paint is prohibited in the construction or rehabilitation of any properties assisted under this Agreement. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR §570.608, which requires compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and implementing regulations at 24 CFR Part 35, of which Subparts A, B, J, K, and R apply to the CDBG Program. Such regulations pertain to all HUD -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice shall also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. Subrecipient shall maintain records documenting compliance with these requirements. 5. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. Subrecipient shall notify the City's Economic Development and Housing Department immediately upon determining that a property may fall into this category. Procurement of Recovered Materials. Subrecipient shall comply with 2 CFR Part 200 regarding the use of specific products made or used with recovered materials. Subrecipient and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. Subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single -use plastic products. See Executive Order 14057, section 101, Policy. SECTION VI: DEFAULTS AND REMEDIES 1. Events of Default. The following shall constitute an Event of Default under this Agreement: a) Failure to comply with any of the rules, regulations, or provisions referred to herein or governing CDBG awards including, but not limited to, 24 CFR Part 570 or such statutes, laws, regulations, executive orders, and HUD guidelines, HUD guidance, policies, or directives as may become applicable at any time; b) Failure to comply with any of the terms contained in this Agreement and such failure continues for a period of thirty (30) days following written notice thereof given by the City to Subrecipient; c) Failure to fulfill in a timely and proper manner its obligations under this Agreement and such failure continues for a period of thirty (30) days following written notice thereof given by the City to Subrecipient; d) Ineffective or improper use of funds provided under this Agreement; FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 14 of 52 e) Submission by Subrecipient at any time of any material representation in any certification, report, or communication to the City that is determined by the City to be false, incomplete, misleading, or incorrect in any material manner; f) Failure to disclose to the City, upon demand, the name of all persons with whom Subrecipient has contracted or intends to contract with for the construction or management of any portion of the Project, including contracts for services and/or labor; or g) If any other default occurs under any of the grant documents executed by Subrecipient in connection with this grant by the City (the "Grant Documents") which is not elsewhere specifically addressed herein and such default is not cured within the applicable cure period set forth in the grant documents, or if there is no cure period set forth, then within five (5) days following the date of notice to Subrecipient thereof. Notwithstanding any of the forgoing provisions to the contrary, if Subrecipient has failed to cure any default within five (5) days prior to the expiration of any applicable cure period, the City may, at its sole option, cure such default, provided, however, that the City shall be under no duty or obligation to do so. 2. Remedies for Noncompliance. If Subrecipient commits an Event of Default or fails in any way to comply with Federal or state statutes, local laws or regulations, or the terms and conditions of this Agreement, the City may impose specific conditions as described in 2 CFR §200.208. If the City determines that noncompliance cannot be remedied by imposing specific conditions, the City may take one or more of the following actions, including but not limited to: a) Temporarily withhold cash payment pending correction of the deficiency or more severe enforcement action by the City; b) Disallow both use of funds and any applicable matching credit for all or part of the cost of the activity or action not in compliance; c) Wholly or partly suspend or terminate the award; d) Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and applicable regulations or recommend such proceedings be initiated by HUD; e) Withhold further federal awards for the Project or program; or f) Seek any other remedies that may be available at law or equity including, but not limited to litigation, declaratory judgment, specific performance, damages, injunctions, termination of the Agreement, or any other available remedies. 3. Remedies/Suspension and Termination. Subrecipient and the City will comply with the noncompliance and termination provisions in 2 CFR Part 200. In addition to the remedies for noncompliance in 2 CFR §200.339, the City may suspend or terminate this Agreement in whole or in part if upon the occurrence of any Event of Default or any other breach of this Agreement. The City can withhold all funding and disbursements, demand repayment for amounts disbursed, terminate all payments, and/or exercise all rights and remedies available to it under the terms of this Agreement, the Grant Documents, under statutory law, equity or under common law. If the City terminates this Agreement, Subrecipient shall also forfeit to the City all unexpended monies awarded under the Agreement. Subrecipient may also be required to refund all CDBG funds awarded by the City. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 15 of 52 In accordance with 2 CFR §200.340, the City can additionally terminate the Agreement with the consent of Subrecipient in which case Subrecipient and the City must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. In accordance with 2 CFR §200.340(a)(4), the Agreement may also be terminated individually by Subrecipient or the City with written notification setting forth the reason for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if the City determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety. If this award is terminated or partially terminated, Subrecipient remains responsible for compliance with the closeout requirements in 2 CFR §200.344 and post -closeout requirements set forth in 2 CFR §200.345. All remedies shall be deemed cumulative and, to the extent permitted by law, the election of one or more remedies shall not be construed as a waiver of any other remedy the City may have available to it. 4. No Waiver. Failure of the City to declare a default shall not constitute a waiver of any rights by the City. Furthermore, the waiver of any default by the City shall in no event be construed as a waiver of rights with respect to any other default, past or present. SECTION VII: INDEMNIFICATION AND INSURANCE 1. Indemnification. To the fullest extent permitted by law, Subrecipient agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) Subrecipient's performance or nonperformance of this Agreement or because of or due to the existence of the Agreement itself; (ii) any negligent acts, errors, mistakes or omissions by Subrecipient or Subrecipient personnel; and (iii) Subcontractor or Subcontractor's personnel's failure to comply with or fulfill the obligations established by this Agreement. Subrecipient will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. The City assumes no liability for actions of Subrecipient and will not indemnify or hold Subrecipient or any third party harmless for claims based on this Agreement or use of Subrecipient-provided supplies or services. 2. Environmental Indemnification. Subrecipient shall indemnify and hold the City harmless from any claim arising from, or in any way related to, the environmental condition of the property where the Project takes place, including, but not limited to, the cost of investigating, defending, and/or negotiating to a satisfactory conclusion claims made by environmental regulatory agencies, as well as all cleanup and property maintenance requirements imposed by any agency with lawful jurisdiction over the Project. This indemnification shall run from the time of initial discovery of any such adverse environmental condition and shall not be construed to commence only upon realization by the City of an actual pecuniary loss as a result of such adverse environmental condition. The existence of this indemnification provision shall not be construed as an indicia of ownership, management or control of the property by the City, and Subrecipient hereby recognizes and acknowledges that the City is not an owner or manager of the FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 16 of 52 property and does not exert any control thereupon. Notwithstanding anything herein to the contrary, this indemnification provision shall survive the termination of this Agreement. 3. Insurance. Without limiting Subrecipient's indemnification, Subrecipient shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance hereinafter described and as required by 2 CFR Part 200 and the City, concerning its operations. Certificates with valid and authorized endorsements, evidencing the maintenance and renewal of such insurance coverage shall be delivered to the City prior to execution of this Agreement. The City shall be given notice in writing at least thirty (30) calendar days in advance of cancellation or modification of any policy of insurance. The City, its officers, and employees shall be named as an additional named insured on all policies of liability insurance. a) All policies of insurance shall be in a company or companies authorized by law to transact insurance business in the State of Florida. In addition, such policy shall provide that the coverage shall be primary for losses arising out of Subrecipient's performance of the Agreement. Neither the City nor any of its insurers shall be required to contribute to any such loss. The required certificate shall be furnished prior to execution of this Agreement. b) At least thirty (30) calendar days prior to the expiration of any of the above -referenced insurance policies, Subrecipient shall provide the City with evidence of the renewal of said insurance policies in a form satisfactory to the City. c) Subrecipient shall carry the types of insurance specified below and further described in Exhibit "N" attached hereto: Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, advertising liability, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of One Million Dollars and 00/100 Cents ($1,000,000.00) per occurrence and Two Million Dollars and 00/100 Cents ($2,000,000.00) general aggregate. Professional Liability/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Contractor, with minimum limits of One Million Dollars and 00/100 Cents ($1,000,000.00) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Employee Theft/Dishonesty/Fraud or Commercial Crime coverage appropriate for Employee Dishonesty and Fraud, with minimum limits of One Million Dollars and 00/100 Cents ($1,000,000.00) per occurrence. Coverage must protect against loss of money, securities, or other property caused by dishonest acts committed by Subrecipient's employees, officers, directors, agents, or volunteers whether acting alone or in collusion with others, including but not limited to theft, forgery, embezzlement, fraud, or other dishonest acts. Additionally, the coverage shall remain in force for the duration of this Agreement and for a minimum of three (3) years following the final expenditure of grant funds. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Subrecipient's insurance as outlined above shall be primary and non-contributory coverage for Contractor's negligence. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 17 of 52 Workers' Compensation Coverage. Workers' Compensation insurance for all its employees in an amount and with coverage to meet all requirements of the laws of the State of Florida. Flood Insurance. Flood insurance as required under applicable HUD regulations. SECTION VIII: MISCELLANEOUS PROVISIONS 1. Whistleblower Protections — Pursuant to 2 CFR § 200.217, Subrecipient must not discharge, demote, or otherwise discriminate against its employees as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. § 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contact (including the competition for or negotiation of a contract) or grant. Subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 2. Mandatory Disclosures — Pursuant to 2 CFR § 200.113, Subrecipient must promptly disclose whenever, in connection with the Federal award (including any activities or subawards thereunder), it has credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the Civil False Claims Act (31 U.S.C. §§ 3729-3733). The disclosure must be made in writing to the Federal agency, the agency's Office of Inspector General, and pass-through entity (if applicable). Subrecipient is also required to report matters related to recipient integrity and performance in accordance with Appendix XII of this part. Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR Part 180, 31 U.S.C. § 3321, and 41 U.S.C. § 2313.) 3. Citizen Verification & Eligibility- The Subrecipient shall ensure that assistance provided under this Agreement is directed only to individuals and families eligible under federal law, consistent with Section 214 of the Housing and Community Development Act of 1980 (42 U.S.0 § 1436a) and related HUD requirements. In alignment with Executive Order 14218 (2025) the Subrecipient must incorporate provisions requiring eligibility verification in tenant selection and assistance programs. 4. Assignment. Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City. 5. No Grant of Vested Rights. This Agreement shall not be construed as granting or assuring or vesting any land use, zoning, development approvals, permission, or rights with respect to property owned by Subrecipient or anyone it assists. 6. Independent Contractor. Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of master/servant, principal/agent, employer/employee or joint venture partner between the City and Subrecipient. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as Subrecipient is an independent contractor. Subrecipient agrees and acknowledges that it shall be responsible for and shall pay any and all applicable compensation, insurance and taxes, including but not limited to federal income taxes and Social Security on the salary of any positions funded in whole or in part with CDBG funds. 7. Licensing. Prior to performing any services or work hereunder Subrecipient shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 18 of 52 and services required by this Agreement and CDBG Funds. Subrecipient represents and warrants to City that Subrecipient shall, at its sole cost and expense, keep in effect at all times during the Term and any extension, any license, permit, qualification, or approval that is legally required for Subrecipient to perform the work and services required or authorized by this Agreement or CDBG Funds. Subrecipient shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Subrecipient's performance of the work and services required or authorized by this Agreement or CDBG Funds, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the work or services set forth in the CDBG Program. 8. Severability. This Agreement shall be construed in accordance with the laws of the State of Florida. It is agreed by and between the Parties that if any covenant, condition, provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any other covenants, conditions or provisions herein contained and all other parts shall nevertheless be in full force and effect. 9. Entire Agreement/Modification. This Agreement, together with all the exhibits, constitutes the entire Agreement between the Parties with respect to the subject matter hereof. Any representations or statements heretofore made with respect to such subject matter, whether written or verbal, are merged herein. This Agreement may only be modified in writing, signed by both of the Parties. 10. Notices. Whenever by the terms of this Agreement, notice is to be given to either party, such notice shall be in writing and shall be hand delivered or sent by U.S. certified mail, return receipt requested, postage prepaid to: Attn: Economic Development & Housing Directions for Mental Health, Inc. dba Directions Manager for Living City of Clearwater April Lott P.O. Box 4748 President & Chief Executive Officer Clearwater, FL 33758-4748 1437 South Belcher Road Clearwater, FL 33764 11. Compliance With All Laws. Notwithstanding anything herein to the contrary, the Project shall be operated consistent with all applicable federal, state, and local laws and regulations. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 19 of 52 4-11 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this Its day of f-6111 , 2026. Approved as to form: Matthew J. Mytyc , Esq. Assistant City Attorney Date: (CITY OF CLEARWATER SIGNATURE PAGE) CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Date: Attest: Jennifer Poirrier City Manager 4,o//0 Rosemarie CaII City Clerk Date: .alit[24 FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 20 of 52 (SUBRECIPIENT SIGNATURE PAGE) Directions for Mental Health, Inc. dba Dir- tions for Living a Flo Ida Net F Prot Co .•o tion By%4i. Ark Print Name: April Lott Title: President & Cief Executive Officer Date: 5) 2b STATE OF FLORIDA COUNTY OF PINELLAS This`` --.day was acknowledged before me by means of Q physical presence or U online notarization, this � \ day of , 2025, by April Lott as President & Chief Executive Officer of Directions for Mental Health, Inc. dba Directions for Living. He/Shehis personally known to me or ❑ has produced as identification. (Notary Seal/Stamp) ERIKA 8. JOHNSON Commission # HH 481010 Expires February 7, 2028 FY 2025-2026 CDBG NOTARY PUBLIC fin_ Print Name: C Q (..b�1 1 My Commission Expires: 03\ O)\M Subrecipient Org (Activity) PF 00000 Page 21 of 52 Exhibit Index Exhibit "A" Standards of Eligibility Exhibit "B" Required Subrecipient Information Exhibit "C" Additional Program Requirements Exhibit "D" Budget, Scope of Work, and Milestone Exhibit "E" CDBG Program Requirements Exhibit "F" Reporting Schedule Exhibit "G" Contractor Payment Request and Payment Affidavit Exhibit "H" EEO Clause for Subrecipients/Contractors and Subcontractors — Standard Solicitation for Bid and Contract Language Exhibit "I" Certification Regarding Lobbying Exhibit "J" Certification Regarding Drug -Free Workplace Requirements Exhibit "K" Affidavit Federal Funding Accountably and Transparency Act (FFATA) Exhibit "L" Authorization Signature Card Exhibit "M" No Coercion for Labor or Services Attestation Exhibit "N" CDBG Grant City of Clearwater Insurance Requirements Exhibit "0" Subrecipient and Contractor Provisions for Non-federal entity under federal awards Exhibit "P" Bid Package and Contractor Selection FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 22 of 52 Exhibit "A" Standards of Eligibility CDBG Income Limits Effective June 1, 2025 Household Size 0 to 30% AMI' (Extremely Low) 30+ to 50% AMI (Low) 50+ to 80% AMI (Moderate) Above 80% AMI (Non-Low/Moderate) 1 Person $21,950 $36,500 $58,450 N/A 2 Persons $25,050 $41,700 $66,800 N/A 3 Persons $28,200 $46,950 $75,950 N/A 4 Persons $31,300 $52,150 $83,450 N/A 5 Persons $33,850 $56,350 $90,150 N/A 6 Persons $36,350 $60,500 $96,850 N/A 7 Persons $48,850 $64,700 $103,500 N/A 8 Persons $41,350 $68,850 $110,200 N/A Median Family Income (MFI) Rounded - $98,400 Updates to income limits will be published at the following location: myclearwater.com > My Neighborhood and Community Programs > Programs and Services Available for Residents > Income Eligibility: CDBG, HOME and SHIP FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 23 of 52 Exhibit "B" Required Subrecipient Information 1. Subrecipient name (which must match registered name in SAM.gov): Directions for Mental Health, Inc. dba Directions for Living 2. Subrecipient's SAM.gov unique entity identifier (UEI) number (see 2 CFR Part 25 — Universal Identifier and System for Award Management): U6V8RKNFQBP4 3. Subaward Period of Performance Start Date and End Date: 10/01/2025 to 09/30/2026 4. Total Amount of Federal Funds obligated to Subrecipient: $186,340.00 5. Total Amount of Federal Funds obligated to Subrecipient: $186,340.00 6. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Funds will be used for the replacement of interior fire -rated doors, exterior double entry front doors, and the improvement of stairwells, which will enhance safety, privacy, accessibility, and overall functionality of the facility for both clients and staff.. 7. Name of Federal awarding agency, pass-through entity, and contact information for awarding official: U.S. Department of Housing and Urban Development; City of Clearwater, Economic Development and Housing Director; P.O. Box 4748, Clearwater, Florida 33758; (727) 562-4031 8. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award the CFDA number at the time of disbursement: 14.218, Community Development Block Grants/Entitlement Grants 9. Identification of whether the award is R&D: N/A 10. Indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect [F&A costs]): N/A FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 24 of 52 Exhibit "C" Additional Program Requirements 1. Subrecipient shall always maintain facilities in conformance with all applicable codes, licensing, and other requirements necessary for the operation of the Program. 2. Subrecipient will accept applications and perform income and other eligibility determinations. Fifty-one percent (51%) of those served must have incomes that do not exceed low- and moderate -income limits —under eighty percent (80%) MSA— of the CDBG Program. 3. Subrecipient shall ensure that the numbers, background, and qualifications of Subrecipient staff are appropriate for the services provided and at least meet the minimum standards established by the pertinent licensing bodies. 4. All costs eligible for CDBG reimbursement offered by Subrecipient under the Program shall only include costs directly related to the provision of the service under this Project as described in this Agreement. 5. Subrecipient shall complete detailed work write-ups of the services to be performed, including estimated costs and material to be used, if applicable. Subrecipient will monitor the work to ascertain that services are proceeding properly and satisfactory. Subrecipient will ensure that the expenses are reasonable and the services are completed properly. In addition, Subrecipient shall maintain case files, including applications and all documentation of eligibility, work write-ups, the assistance agreement between the client and Subrecipient, documentation on all necessary licenses and permits, site visits and final reports, invoices and checks. Subrecipient shall maintain these records in accordance with general recordkeeping requirements set forth in this Agreement. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 25 of 52 Exhibit "D" Budget, Scope of Work, and Milestones Directions for Mental Health, Inc. dba Directions for Living Project Type: CDBG Public Facilities & Improvement Estimated Budget Line Item Scheduled Value Replace 90 Interior & Exterior Doors (hardware, painting, installation, ADA -Compliant) $139,281.00 2 Stairwell Improvements • Install new flooring and stair treads on all three floors • Prep and paint walls on all three floors • Prep and paint railings, balusters, and ladder on all three floors $30,119.00 Public Facilities Contingency (10%) - A 10% construction contingency is included to cover unforeseen but necessary and eligible costs directly related to completion (e.g., additional materials, unforeseen site conditions, or code -required change orders). Contingency funds may only be used for CDBG-eligible activities. Request must be submitted as a change order and approved by the City. Any unused contingency will be de -obligated and returned to the City. $16,940.00 Total Amount of Federal Funds awarded to Subrecipient $ 186,340.00 Estimated City Soft Cost - Environmental Review and Construction Management Services (any unused fund will be returned to the CDBG program) $5,000.00 Total Project Cost $191,340.00 Scope of Work: This project will replace aging and non-compliant interior doors, exterior front doors, and stairwells to ensure the facility meets modern fire safety and accessibility standards. Improvements will enhance safety, reduce noise, increase privacy, and create a more therapeutic environment for clients and staff. This program meets the HUD National Objective of benefiting low -and moderate -income clientele (LMC). Services will be provided to an estimated number of two -thousand sixty-four (2,064) Clearwater residents. The Subrecipient shall undertake the following activities: • 90 Interior doors and one set of exterior double entry front doors replacement, plus painting new doors. 1. Replace 90 interior doors with new 36"x80" 20 -minute fire -rated doors with frosted glass panels and all necessary hardware, paint, reinstall electronic access control system as needed, and properly dispose of all removed doors. 2. Removing one (1) set of front exterior doors — and replace with new impact resisting double entry glass doors. 3. Installing new exterior hardware to ensure ADA compliance, 4. Replacing one (1) locking mechanism and other safety/security features, 5. Apply required lettering on one set of exterior double entry front doors to display operating hours and other important information as required by law. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 26 of 52 • Two stairwell Improvements at our Clearwater Center 1. Remove (6) existing stairwell doors and replace new steel stairwell doors and hardware, and paint all 6 new doors. 2. Install new flooring and stair treads on all three floors 3. Prep and paint walls on all three floors 4. Prep and paint railings, balusters, and ladder on all three floors Benefit — 2,064 Persons Beneficiaries assisted must reside within City of Clearwater limits (Tax District CW, CWD, or CWDO) and household income must be at or below 80% AMI based on the CDBG income limits in effect at the time assistance is provided. Estimated Milestone: Activates Start Date Deadline Bid Package Completion October 2025 November 2025 Contractor Award November 2025 December 2025 Permit Approvals November 2025 January 2026 Federal Labor Standards • Davis Bacon Employee Interviews • U.S. Dept of Labor Payroll Completion January 2026 August 2026 Construction Start January 2026 February 2026 Construction Completion February 2026 August 2026 Final Inspection July 2026 August 2026 100% of the Project Completed — Close -Out September 30, 2026 FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 27 of 52 Exhibit "E" CDBG Program Requirements Subrecipient, in addition to the terms set forth in the Agreement, shall operate the Project funded through the City's Community Development Block Grant Program according to the following guidelines: 1. Any equipment, furnishings, and any other usable item purchased with the City's CDBG Program contribution to Subrecipient for use in the Project shall be kept on an inventory and shall be made available to the City's Economic Development and Housing Department for disposition upon termination of the City's CDBG assistance to Subrecipient. 2. Subrecipient hereby agrees to maintain accounting systems with internal controls to safeguard the HUD CDBG funds and assets, provide for accurate financial data, promote operational efficiency, and foster compliance with generally accepted accounting principles ("GAAP") in accordance with 2 CFR Part 200. 3. Subrecipient's accounting records must adequately identify the receipt and expenditure of all CDBG funds for each budget line item. There must be a separate accounting for each budgetary allocation as approved by the City's Economic Development and Housing Department. Cash receipts and expenditures from other sources must be accounted for separately from CDBG funds; therefore, if Subrecipient maintains a common account for both CDBG and other funds, the accounting system must provide for the clear and easy identification of CDBG funds. 4. Certification: Subrecipients under the Federal award must certify to the pass-through entity whenever applying for funds, requesting payment, and submitting financial reports: "I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2 1001. 1343 and Title 31, Sections 3729-3730 and 3801-3812." Each such certification must be maintained pursuant to the requirements of § 200.334. This paragraph applies to all tiers of subrecipients. 5. Accounting and related records of Subrecipient shall comprise the following as a minimum: a) Voucher System. All supporting documentation, such as purchase orders, invoices, receiving reports, and requisitions. b) Books of Original Entry. Cash receipts and disbursements journal, general ledger. c) Chart of Accounts. Listing of accounts must be maintained in the accounting system. d) Personnel Records. A separate personnel file shall be maintained for each CDBG project employee paid with CDBG funds. At a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 28 of 52 e) Attendance Records. Attendance records (individual timesheets) shall be maintained for all personnel paid with CDBG funds that are involved in operating the Project. This applies to part-time as well as full-time personnel. In addition to the accounting for daily attendance, the type of leave taken (annual, sick or other), shall be disclosed. Daily attendance records must support budgetary charges for payroll purposes. f) Payroll Records. Formal payroll records supporting cash disbursements to employees shall be maintained. All timesheets or personnel activity reports must be signed by the employee and the employee's supervisor. Such records shall disclose each employee's name, job, title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely payments must be made of FICA taxes, including the required employer matching costs, and of income tax withheld from employees. All charges for payroll purposes shall be in accordance with the Budget submitted to the City's Economic Development and Housing Department. In addition, salaries and wages of employees chargeable with more than one (1) grant program and/or other funding sources will be supported by appropriate time distribution records. Actual time distribution records shall be available for review by the City's Economic Development and Housing Department at monitoring visits. g) Checking Accounts. A monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc. shall be prenumbered and accounted for (including all voided checks). Check stubs, canceled checks, and deposit slips must be readily available for audit purposes. h) Purchasing Practices. Purchasing practices shall be at the very least in accordance with 2 CFR Part 200. Subrecipient must provide documentation indicating how all vendors, contractors, small businesses, minority businesses, women's business enterprises, and veteran -owned businesses are given an opportunity to participate. i) Inventories. Subrecipient is advised to maintain adequate safeguards against loss by theft or physical deterioration of any inventories of office supplies, equipment, or other items purchased with CDBG funds. j) Property Records. Subrecipient is required to maintain formal subsidiary records to control all CDBG program project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted, and the books should reflect the actual value of property on hand at the end of the year. 6. Subrecipient should maintain records in an orderly manner, with separate identification for different Federal fiscal periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the City's Economic Development and Housing Department staff, the Inspector General, and HUD officials and others who may be authorized to examine such records. Failure to do so may constitute a default of this Agreement resulting in suspension of reimbursement until said documentation is submitted. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 29 of 52 Exhibit "F" Reporting Schedule Project Eligibility — Activates Benefiting Low and Moderate Income (LMI) ® Persons ❑ Households • ® Low -Moderate Income Clientele (LMC) 24 CFR 570.208(a)(2). Activities that benefit a limited clientele, at least 51% of whom are low/mod income. • ❑ Low -Moderate Area Benefit (LMA) 24 CFR.208(a)(1). Activities providing benefit that are available to all the residents of a particular area, at least 51% of whom are low/mod income. Ther service aera of an LMA activity is Presumed Benefit Does this activity serve HUD -designated presumed benefit populations under 24 CFR 570.208(a)(2)? • ❑ Yes • ® No If the activity exclusively serves a HUD -designated presumed benefit group, the Subrecipient is not required to collect income documentation for individual beneficiary. However, the Subrecipient must maintain adequate records to demonstrate that services were provided solely to individuals within the qualifying presumed benefit category. Reporting Requirements 1. Subrecipient shall submit all reports to the City's Economic Development and Housing Department through the City of Clearwater's Neighborly Software Portal under the "monthly reports" section, no later than the 10th day of the following month 2. 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. Information and documentation required for monthly reports Every month, the Subrecipient shall upload the following information in the City of Clearwater Neighborly Software Portal, under the "Monthly Reports" section, no later than the 10th of the following month: FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 30 of 52 A. Goals: Provide a narrative update on: • Progress, • Difficulties Encountered, • Planned Activity Next Period. B. Accomplishments: Report the following performance data: • Total number of Unduplicated Beneficiaries Assisted, • Beneficiaries Income Limits, not exceeding 80% AMI, • Beneficiaries — Race / Ethnicity, • Complete all other required sections, as listed in the Neighborly Portal (e.g., new or continuing access, improved access, no longer substandard). • If applicable, for Low- and Moderate -Income Area Benefit (LMA) Activities; o Total Persons Assisted; o Of the total number of persons assisted, the number of persons with new access to this type of public facility or infrastructure improvement; o Of the total number of persons Assisted, The number of persons with access to this type of Public Facility or Infrastructure that is No Longer Substandard. C. Submit Supporting Documents — Subrecipient shall submit the required documents through Neighborly Software under the "Monthly Report" tab for your CDBG Project. All documentation must be consistent with the activity's national objective as outlined in 24 CFR 570.208. Data requirements vary depending on the national objective, project type and whether the project qualifies as an LMC Presumed Benefit Activates. Submit the checked items. a. Limited Clientele (LMC) ❑ Intake forms / Applications - Client's names, Addresses, Total household size, Total household income, Race and Ethnicity. ❑ Client Self -Certification forms - Clients names, Address, Total household size, Total household income, Race and Ethnicity. ❑ Client Detail Form - Client name and/or business names, Address, Total household size, Total household income, Race, Ethnicity, and Services provided. ® Client Detail Form: Client ID Number (from HMIS or internal system), Household size, Area Median Income, Ethnicity, Race, Address (as shown on ID card or driver's license), current tax district CW, CWD, or CWDO and services provided. ❑ Pinellas County Property Card ❑ Other - b. Area Benefit (LMA) Activities: ❑Census/ACS data — Supporting the service area Boundaries Project Location maps ❑Calculations showing that at least 51% of residents in the services area are low- and moderate income. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 31 of 52 ❑ Other — c. Limited Clientele (LMC) — Presumed Benefit Activities: Narrative Description- Description of the facility and presumed benefit group served (seniors, homeless persons, abused children). ['Records showing that the facility is used primarily by the eligible group. ❑ Other — IN THE EVENT THAT SUBRECIPIENT IS LEGALLY UNABLE TO PROVIDE THE CITY WITH CERTAIN INFORMATION OR DOCUMENTATION, SUBRECIPIENT SHALL PROMPTLY NOTIFY THE CITY OF ITS INABILITY TO PROVIDE SUCH INFORMATION OR DOCUMENTATION AND CITE TO THE BODY OF LAW PREVENTING SUCH DISCLOSURE. THE CITY MAY, AT ITS SOLE DISCRETION, WAIVE CERTAIN REPORTING REQUIREMENTS OF THIS AGREEMENT TO THE EXTENT SUCH WAIVER DOES NOT CONFLICT WITH THE APPLICABLE LAWS, REGULATIONS, OR RULES OF THE CDBG PROGRAM OR HUD. SUCH INFORMATION AND DOCUMENTATION SHALL REMAIN ON FILE AND AVAILABLE WITH SUBRECIPIENT FOR ONSITE INSPECTIONS BY EITHER THE CITY OR HUD. IN THE EVENT THAT THE CITY ELECTS NOT TO WAIVE SUCH REPORTING REQUIREMENTS AND SUBRECIPEINT IS UNABLE OR UNWILLING TO PROVIDE THE REQUESTED DOCUMENTATION OR INFORMATION, THE CITY RESERVES THE RIGHT TO UNILATERALLY TERMINATE THIS AGREEMENT. Method of Payment requirements and documentation: Payments shall be made based on completed services and submission of documentation, as outlined in this Agreement. Subrecipient shall submit monthly requests for payment to the City's Economic Development and Housing Department in accordance with the following procedures: 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. Each reimbursement request must include the following: a) Invoice Document Details • Signed and dated by an authorized official of the organization • Payees' name and address • Invoice number • Case ID number (as provided through Neighborly), • Cost itemization • Brief description of the services provided FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 32 of 52 • Total cost of reimbursement clearly stated • Certified language: "I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18 Sections 2 1001. 1343 and Title 31, Sections 3729-3730 and 3801-3812." b) Required Supporting Documentation - The following documentation must be submitted along with each request: • Signed and dated invoiced from the contractor(s); • AlA G703: Continuation Sheet (showing schedule of values and completed activities), if applicable; • Contractors Payment Requests; • Partial and/or Final Affidavit(s); • Approved Change Orders, if applicable; c) Proof of payment: Acceptable forms include one of the following: • Copy of canceled checks FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 33 of 52 Exhibit "G" Contractor Payment Request and Payment Affidavit Property Owner. Properly Address:. Contractor. Contractor Address: Contract Amount This Payment Contractor. CONTRACTOR PAYMENT REQUEST L.J 1 L S1 i S= Payment: 0 Partial or 0 Final I hereby request an Inspection to receive payment In the amount above. I certify that I have satisfactorily completed the necessary work to justify this request and all bills incurred for labor used and material furnished in making said repairs and improvements have been paid in full to this date. See attached cost breakdown. Signature of Contractor Print or Type Name 7-1 Date FY 2025-2026 CDBG -- —` PARTIALPAYMENTAFFIDAVIT `-- .. .. .. FOR PROJECT FUNDING THROUGH CRY OF CLEARWATER ECONOMIC DEVELOPMENT & HOUSING DEPT Housing Division DATE r---1 OWNER ADDRESS: PHONE: I I (fl) f"!-"-1 we. 7'1 CASE ID: CONTRACTOR ADDRESS: t I PHONE: i rni e7d fli PROPERTY ADDRESS: 1 PROJECT NUMBER r -I INVOICE NUMBER: r —i PARTIAL RELEASE OF LIEN CONTRACT DATED: r—""I CONTRACT AMOUNT: S' --I The undersigned Contractor certifies that the work covered by this payment has been completed in accordance with the Contract Documents; that alt amounts due to subcontractors, vendors, suppliers, or laborers, for which previous payments were received from the Owner, have been paid to subcontractors, vendors, suppliers, or laborers; and that all persons due funds for work covered by this Progress Payment have been paid The current payment of Si 1s now due. The undersigned Contractor, for and in consideration of partial payment to him in the amount of S and all other previous payments paid by Owner to Contractor, does hereby waive, release, remise, and relinquish the Contractor's right to claim, demand, or impose a gen orlensforwok done or materials and/or services furnished or any other class of flea whatsoever on the above partial bnprovements, which have been completed hi connection with the above-mentioned Contract Signature of Contractor Print or Type Name Date STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of Q physical presence or online notarization this day of 20 by He/She I] is personally known tome or Q has produced as identification. Subrecipient Org (Activity) PF 00000 Page 34 of 52 Exhibit "H" Equal Employment Opportunity Clause for Subrecipients and Their Contractors and Subcontractors Standard Solicitation for Bid and Contract Language (1) Equal Opportunity Clause: Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal Program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause as required by 41 CFR §60-1.4(b): During the performance of this contract, the contractor agrees as follows: (1) The contractor shall not discriminate in employment practices and shall comply with all applicable federal Equal Employment Opportunity requirements, including those under Title VII of the Civil Rights Act of 1964, Executive Order 11246 (as amended), and the implementing regulations in 41 CFR Part 60. Employment decisions shall be made without regard to non -merit -based factors and in accordance with applicable federal nondiscrimination laws. Employment practices include employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 35 of 52 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency -and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 36 of 52 FY 2025-2026 CDBG The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such contractor; and refer the case to the Department of Justice for appropriate legal proceedings. Subrecipient Org (Activity) PF 00000 Page 37 of 52 Exhibit "I" Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. ATTEST: (CORPORATE SEAL) DIRECTIONS FOR MENTAL HEALTH, INC. DBA DIRECTIONS FOR LIVING By: Title: President & Chief Executive Officer Print Name: April Lott iDJ3JJL� Date: FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 38 of 52 Exhibit "J" Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the City of Clearwater and the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the City and/or the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. Subrecipient will comply with the other provisions of the Act and with other applicable laws. CERTIFICATION 1. Subrecipient certifies that it will or will continue to provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Subrecipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Subrecipient's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notify the City's Economic Development and Housing Department and/or the U.S. Department of Housing and Urban Development in writing within ten (10) calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 39 of 52 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 2. Subrecipient shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, zip code, and total estimated number of employees). Subrecipient further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the grant, it shall notify the City's Economic Development and Housing Department and/or the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 40 of 52 Place of Performance For Certification Regarding Drug -Free Workplace Requirements Name of Subrecipient: Directions for Mental Health, Inc. dba Directions for Living Program Name: Stairwells and Doors Grant: Community Development Block Grant (CDBG) Term: October 1, 2025 through September 30, 2026 The Subrecipient shall insert in the space provided below the site(s) expected to be used for the performance of the work under this Agreement: Place of Performance (include street address, city, county, state, and zip code for each site): 1437 S. Belcher Road, Clearwater, Pinellas County, FL 33764 ['Check this box if there are workplaces on file that are not identified here. ATTEST: (CORPORATE SEAL) By: Signa /77 717k -4cAkor Print Name 1 FY 2025-2026 CDBG Directions for Mental Health, Inc dpb Directions for LivingDIRECTIONS FOR MENTAL HEALTH, INC. DBA DIRECT! • OR LIVING By: Title: President & Chief Executive Officer Print Name: April Lott Date: 1(01-5! rz}- Subrecipient Org (Activity) PF 00000 Page 41 of 52 Exhibit "K" Affidavit Federal Funding Accountability and Transparency Act (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is USASpending.gov. The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees (Le. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements. Prime contract awardees will report against subcontracts awarded and prime grant awardees will report against subgrants awarded. The subaward information entered in FSRS will then be displayed on USASpending.gov associated with the prime award furthering Federal spending transparency. The Transparency Act requires information disclosure concerning entities receiving Federal financial assistance through Federal awards such as Federal contracts, subcontracts, grants, and subgrants. Specifically, the Transparency Act's section 2(b)(1) requires the City to provide the following information about each Federal award: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, • Location of the entity receiving the award and the primary location of performance under the award; • Unique identifier of the entity receiving the award and of the parent entity of the recipient; and • Names and total compensation of the five (5) most highly compensated officers of the entity if the entity in the preceding fiscal year received eighty (80) percent or more of its annual gross revenues in Federal awards; and Twenty -Five Million Dollars ($25,000,000.00) or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 42 of 52 I, April Lott (print name), hereby swear or affirm that: I read and understand the information provided above. I have personal knowledge of the facts I am attesting to in this affidavit. (Please check one of the following) dl attest that Directions for Mental Health, Inc. dba Directions for Living does not meet the above threshold requiring names and total compensation of the five (5) most highly compensated officers of the entity if the entity. ❑ I attest that Directions for Mental Health, Inc. dba Directions for Living does meet the above threshold* requiring names and total compensation of the five (5) most highly compensated officers of the entity if the entity. *If agency meets the above threshold, the agency MUST attach a spreadsheet with the names and total compensation of the five (5) most highly compensated officers of the entity, signed and dated by one of the following: President; Executive Director; CEO; Board Chairperson; Finance Director; CFO; or Treasurer. F I understand that the submission of a false affidavit is punishable as a second-degree misdemeanor under -)7L resident/Executive Director/Board Chair Prin sd Name of President/Executive Director/Board Chair STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING CDBG AGR EMENT was acknowledged before me by means of lephysical presence or❑ online notarization, this .I ay of CIICICkr , 2025, by April Lott as President & Chief Executive Officer of Directions for Mental Health, Inc. dba Directions for Living. He/She 2<personally known to me or ❑ has produced as identification. r° '•.,% ROB. JOHNSON * Commission # HH 481010 OF 0.5, Expires February 7, 2028 Qhft, NOTARY PUBLIC ai\naV Print Name: . My Commission Expires: O10 1 an% FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 43 of 52 Exhibit "L" Authorization Signature Card Name of Subrecipient: Directions for Mental Health, Inc. dba Directions for Living Name of Applicant: April Lott, President & Chief Executive Officer Address: 1437 South Belcher Road City, State, Zip: Clearwater, FL Telephone Number: SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: NAME rz 1 b0)t SIGNATURE I certify that the signatures above are of the individuals authorized to execute financial documents. D15I 12-5 Date f Authorized Official President & Chief Executive Officer Title of Authorized Official FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 44 of 52 Exhibit "M" No Coercion For Labor or Services Attestation Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of a non- governmental entity when a contract is executed, renewed, or extended between the non-governmental entity and a governmental entity. Directions for Mental Health, Inc. dba Directions for Living does not use coercion for labor or services as defined in this Section 787.06. Under penalty of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and correct. Printed Name: April Lott Title: Signature: Date: hief E f-cuti 'e •t icer FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 45 of 52 EXHIBIT "N" CDBG Grant City of Clearwater Insurance Requirements The Contractor, Vendor, or Subrecipient referred to as "Contractor" shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain during the Term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the Contractor's deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, advertising liability, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate. b. Professional Liability/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of one million dollars ($1,000,000.00) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no Tess coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. c. Employee Theft/Dishonesty/Fraud or Commercial Crime coverage appropriate for Employee Dishonesty and Fraud, with minimum limits of one million dollars ($1,000,000.00) per occurrence. Coverage must protect against loss of money, securities, or other property caused by dishonest acts committed by the Sub -recipient's employees, officers, directors, agents, or volunteers whether acting alone or in collusion with others, including but not limited to theft, forgery, embezzlement, fraud, or other dishonest acts. Additionally, the coverage shall remain in force for the duration of the grant agreement and for a minimum of three (3) years following the final expenditure of grant funds. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Subrecipient's insurance as outlined above shall be primary and non-contributory coverage for Contractor's negligence. d. Workers' Compensation Coverage. Workers' Compensation insurance for all its employees in an amount and with coverage to meet all requirements of the laws of the State of Florida. e. Flood Insurance. Flood insurance as required under applicable HUD regulations. WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party losses, Contractor hereby grants the City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance for FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 46 of 52 liability and workers compensation coverages. Contractor agrees to obtain any endorsement that may be necessary to affect such waivers, but this provision shall apply to such policies regardless of whether the city has received a waiver of subrogation endorsement from each insurer. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" with respect to general and auto liability coverages. b. In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Economic Development & Housing Department P.O. Box 4748 Clearwater, FL 33758-4748 c. Contractor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. d. Contractor's insurance as outlined above shall be primary and non-contributory coverage for Contractor's negligence. e. Contractor reserves t e right to appoint legal counsel to rovide for th Contractor' defen e for ny and all laims that m- -rise related to Agreement work •erformed un.er this A. re- lent or to C. ntractor's e ui m-nt o service. Co tractor a. re that the Cit hall n.t be liable to reimburs Contra tor f. r an herein. le al fees or costs -s a sult of Co tr or .rovidin. its defense as ntem.lated The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor's obligation to provide the insurance coverage specified. INDEMNIFICATION/LIABILITY: To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) Contractor's performance or nonperformance of this Agreement or because of or due to the existence of the Agreement itself; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor's personnel's failure to comply with or fulfill the obligations established by this Agreement. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 47 of 52 EXHIBIT "0" Subrecipient and Contractor Provisions for Non-federal entity under federal awards The following requirements are made a part of this Agreement and Subrecipient shall ensure that any sub - agreement it enters into with a contractor (the "Contractor") for work to be performed under this Agreement shall also contain these requirements: COMPLIANCE WITH LAWS, ORDINANCES, AND REGULATIONS. The Contractor shall perform all Work in conformance with all applicable Codes as adopted by City of Clearwater, and all applicable Federal, State and Local laws, regulations, executive orders, codes, ordinances, and requirements, (hereinafter referred to collectively as "Building Requirements",) or their successors or replacements, including but not limited to workers' compensation insurance and the federal regulations or their successors or replacements which are incorporated herein by reference 2. INDEMNITY. City assumes no responsibility for any damage or loss that may occur to Subrecipient or Contractor's property, except the obligation City assumes that it will not willfully or intentionally damage such property. City has no responsibility for any equipment maintenance or for Subrecipient or Contractor's employees. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship. Subrecipient and Contractor shall each indemnify, save harmless, and defend each other from and against all losses, claims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorney's fees, arising out of such indemnifying party's intentional, reckless, or negligent performance hereunder. Nothing herein shall be construed to require an indemnitor to indemnify the indemnitee against the indemnitee's own negligence. The provisions of this section shall survive the termination of this Agreement. 3. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES (2 CFR § 200.339). If the Subrecipient or the Contractor violates or breaches any contract terms, the City may apply any administrative, contractual, or legal remedies permitted under applicable law and federal regulations, including sanctions and penalties as appropriate. Remedies may include, but are not limited to, temporarily withholding payments, disallowing costs, wholly or partly suspending or terminating the award, or other actions permitted under 2 CFR § 200.339 and 24 CFR Part 570. 4. FEDERAL LABOR STANDARDS [24 CFR 570.603, 29 CFR 1,3, and 5]. City of Clearwater will provide "Minium Wages information and form wh347 in contractor package. The Copeland "Anti -Kickback" Act (1 S.C. 874) as supplemented in Department of Labor regulations (24 CFR Part 3). (All contracts and sub -contracts for construction or repair). Davis -Bacon Requirements and Other Labor Standards [24 CFR § 570.603]: The Project must be compliant with the Federal labor standards provisions of the Davis -Bacon Act requiring that all employees working on a construction project that is wholly or partially federally funded are entitled to receive the prevailing wage rate for that locality as established by the U.S. Department of Labor. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented in Department of Labor regulations (29 CFR Part 5). 5. LEAD-BASED PAINT. If the Public Facility project is nonresidential, it falls under the Lead -Based Paint exemption. However, if the Scope of Work includes removal or installation of exterior windows, or other renovation/demolition activities that may disturb painted surfaces, the Subrecipient shall conduct a hazardous materials inspection for lead- based paint prior to renovation and/or demolition activities. Such inspections and worker protections are required under OSHA, specifically Lead Exposure in Construction (29 CFR 1926.62), and the OSHA Hazard Communication Standard (29 CFR 1910.1200). FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 48 of 52 All Lead -Based Paint inspections are to be conducted by a contractor who is currently certified by the USEPA and by Inspectors OR Risk Assessors who are currently certified by the USEPA. The Subrecipient shall also conduct a hazardous materials inspection for asbestos prior to any renovation and/or demolition activities. Such inspections and worker protections are required under OSHA, specifically the construction standard for asbestos (29 CFR 1926.1101), the Asbestos NESHAP (40 CFR 61) and the OSHA Hazard Communication Standard (29 CFR 1910.1200). AH asbestos inspections are to be conducted by a contractor who is currently a Florida Licensed Asbestos Consultant utilizing currently certified inspectors. Lead-based paint is prohibited in the construction or rehabilitation of any properties assisted under this Agreement. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR §570.608, which requires compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and implementing regulations at 24 CFR Part 35, of which Subparts A, B, J, K, and R apply to the CDBG Program. Such regulations pertain to all HUD -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice shall also point out that if lead- based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. Subrecipient shall maintain records documenting compliance with these requirements. 6. CLEAN AIR ACT ENVIRONMENTAL PROTECTION Subrecipient and the Contractor shall comply with Section 306 of the Clean Air Act and all applicable standards, orders, or regulations of the Clean Air Act (42 U.S.C. 7401, et seq.); Section 508 of the Clean Water Act (33 U.S.C. § 1368); Executive Order 11738; the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969; standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act; and HUD Environmental Review Procedures at 24 CFR Part 58. Violations shall be reported to the City, HUD, and EPA. 7. LABOR STANDARDS REQUIREMENTS. Subrecipient and the Contractor Shall comply with labor standards as set forth in section 110(a) of the Act (40 U.S.C. 3701 et seq.) and HUD regulations issued to implement such requirements at 24 CFR part 570.603 for non -volunteer labor and 24 CFR Part 70 for volunteer labor. Shall comply with the requirements of 24 CFR 570.609 regarding the prohibition of use of debarred, suspended, or ineligible contractors or in any contract. 8. SECTION 3. [24 CFR Part 75]. If applicable, Section 3 projects are housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000.00. Compliance with the provisions of Section 3 is required for projects exceeding this threshold. 9. BUILD AMERICA, BUY AMERICA ACT ("BABA"). [Pub. L. No. 117-58, §§ 70901-52]. BABA applies to Infrastructure defined in Notice CPD -25-01 for total project amount exceeding $250,000.00. If applicable, the Subrecipient and Contracts must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC § 8301, and all applicable rules and notices, as may be amended, if applicable to the infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Subrecipient and Contractor of FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 49 of 52 HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. 10. EQUAL OPPORTUNITY [24 CFR § 570.601, § 570.602, § 570.607, and 41 CFR Part 60]. No Party shall discriminate in the solicitation, selection, hiring, or treatment of contractors, consultants, subcontractors, sub -consultants, vendors, or suppliers on any basis prohibited by applicable federal, state, or local law. The Subrecipient shall ensure equal employment and contracting opportunities for the Project funded in part by the Program. This language shall be incorporated into all contracts between the Subrecipient and any contractor, consultant, subcontractor, sub -consultant, vendor, or supplier. 11. DEBARRED OR INELIGIBLE CONTRACTORS. [24 CFR 570.609, 24 CFR 24]. Subrecipient and the Contractor certify that they are not presently listed by any federal agency as debarred, suspended, or proposed for debarment from any federal contract activity. If during the Term of this Agreement this information changes, the Subrecipient and/or the Contractor shall notify City without delay. Such notice shall contain all relevant particulars of any debarment, suspension, or proposed debarment. Further, in carrying out its responsibilities hereunder, the Subrecipient and contractor will not employ, contract with, or otherwise make use of subcontractors, service providers, consultants, or any other party that is debarred, suspended, or proposed for debarment from any federal contract activity. 12. NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS. Subrecipient and the Contractor shall comply with all applicable federal nondiscrimination laws and regulations, including but not limited to Sections 104(b), 107, and 109 of the Housing and Community Development Act of 1974, as amended; Title VI of the Civil Rights Act of 1964; the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; and the implementing regulations in 24 CFR Parts 1, 6 and 8. Shall include appropriate nondiscrimination provisions in all subcontracts and maintain documentation demonstrating compliance 13. BYRD ANTI -LOBBYING AMENDMENT [31 U. S.C. § 1352]. Contractors who apply or bid for an award of $100,000.00 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U. S.0 § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier. 14. ENVIRONMENTAL PROTECTION. Subrecipient and the Contractor shall comply with Section 306 of the Clean Air Act and all applicable standards, orders, or regulations of the Clean Air Act (42 U.S.C. 7401, et seq.); Section 508 of the Clean Water Act (33 U.S.C. § 1368); Executive Order 11738; the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969; standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act; and HUD Environmental Review Procedures at 24 CFR Part 58. Violations shall be reported to the City, HUD, and EPA. 15. ENVIRONMENTAL AND ENERGY STANDARDS Subrecipient and the Contractor Shall comply with all applicable federal, state and local environmental laws, regulations and executive orders including but not limited to: • Section 306 of the Clean Air Act (42 U.S.C. § 7401, et seq.); • Section 508 of the Clean Water Act (33 U.S.C. § 1368); • The Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.); • The National Environmental Policy Act of 1969; • EPA regulations at 40 CFR Part 50; • HUD Environmental Review Procedures at 24 CFR Part 58; and • Executive Order 11738. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 50 of 52 If applicable, Subrecipient and the Contractor shall also comply with all mandatory energy efficiency standards and policies contained in the Energy Policy and Conservation Act (42 U.S.C. § 6201; Pub. L. 94- 163, 89 Stat. 871), as amended, and any implementing regulations. Violations of environmental or energy requirements shall be reported to the City, HUD, and EPA without delay. 16. CIVIL RIGHTS ACT OF 1964. Subrecipient and the Contractor shall also abide by Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Section 104b and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act of 1990, as amended; the Age Discrimination Act of 1975, as amended; Executive Order 11064; and Executive Order 11246; as amended by Executive Orders 11375, 1148,12107 and 12086. 17. FLORIDA CIVIL RIGHTS ACT OF 1992. Subrecipient and the Contractor must abide by the Florida Civil Rights Act of 1992, as amended (Sections 760.01-760.11 and 509.092, Florida Statutes), which secures for all individuals within the State of Florida freedom from discrimination prohibited under applicable law. 18. ANTIDISCRIMINATION. [24 CFR §§ 570.601-602; 2 CFR § 570.607; and 41 CFR Part 60] Subrecipient and the Contractor shall comply with all applicable federal, state, and local laws and regulations prohibiting discrimination in the solicitation, selection, hiring, or treatment of any contractor, consultant, subcontractor, sub -consultant, vendor, or supplier. Equal opportunity shall be provided in all contracting and subcontracting activities related to the Project funded in part by the Program. This requirement shall be incorporated into all contracts and agreements executed under this Program. 19. BUSINESS ENTERPRISES. Subrecipient and the Contractor shall comply with applicable federal procurement standards, including 2 CFR §200.321, which require consideration of small businesses, veteran -owned businesses, and other disadvantaged business enterprises in the procurement of goods and services. Solicitations shall be structured, where feasible, to provide opportunities for such entities to compete. Subrecipient shall maintain procurement records that demonstrate compliance with applicable outreach and inclusion efforts, and shall incorporate these requirements into all subcontracts, as appropriate. 20. REHABILITATION ACT OF 1973. Subrecipient and the Contractor Shall comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and implementing regulations when published for effect [24 CFR Part 8], which prohibits discrimination against individuals with disabilities or handicaps in any Federally assisted program. 21. RECORDS. Subrecipient and the Contractor shall maintain all records pertinent to activities to be funded under this Agreement as required by the Federal regulations specified in 24 CFR 570.506. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 51 of 52 Exhibit "P" Contractor Selection and Bid Package 1. CONTRACTOR SELECTION. Subrecipient shall select the contractor (s) in accordance with the "Competitive Sealed Bid" process as required under 24 CFR part 84 and 85 and detailed in 2 CFR Part 200. These requirements are briefly summarized as follows: D Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, and for local, and tribal governments, the invitation for bids must be publicly advertised; D The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; D All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; D A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder; and D Any and all bids may be rejected if there is a sound documented reason by the Subrecipient and/or the City. a) Following contractor selection, the City will issue a Notice to Proceed to the Contractor. Entering into this Agreement does not constitute approval from any applicable regulatory authority, including the City's Planning and Development Department. b) If Subrecipient wants Contractor (s) to perform any additional work other than the Activities approved and included in the Bid, Subrecipient and Contractor shall enter into a separate contract for such additional work. c) Contractor shall furnish all materials, supervisions, labor, and equipment to compete the requirements of this Agreement and perform the Activities in a good and workman like manner. Contractor warrants that the Activities will conform to the requirements of this Agreement and any construction documents and will be free from defects. 2. BID PACKAGE Subrecipient shall provide an acceptable bid package to the City that follows Davis Bacon Act. The Davis -Bacon Act requires the payment of prevailing wage rates to all laborers and mechanics on Federal government construction projects over $2,000. The bid package for such contracts must include the current Davis -Bacon general wage determination. Contractors found to be in violation of the Davis -Bacon prevailing wage requirements may be grounds for contract termination, contractor liability for any resulting costs to the City and/or debarment from future contracts for a period of up to three years. FY 2025-2026 CDBG Subrecipient Org (Activity) PF 00000 Page 52 of 52