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COMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS PROGRAM - CDBG-CVCOMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS (CDBG-CV) PROGRAM PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND PINELLAS OPPORTUNITY COUNCIL, INC THIS CDBG-CV 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 Pinellas Opportunity Council, Inc, a Florida not-for-profit corporation with a principal address of 501 First Avenue North, Suite 517, St. Petersburg, FL, 33701 ("Subrecipient") (the City and Subrecipient shall be referred to collectively as the "Parties"). WITNESS ETH: WHEREAS, the City administers a Community Development Block Grant - Coronavirus ("CDBG-CV") Public Services 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-CV funds awarded under the Housing and Community Development Act of 1974, in furtherance of its goals 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, in response to the Coronavirus Pandemic (COVID-19), HUD has notified the City that it received a cumulat(yie allocation of One Million Three Hundred Fifty -One Thousand Five Hundred Sixty Dollars and 00/100 Cents of CDBG-CV grant funds to be used to prepare for prevent, and respond to COVID-19; and WHEREAS, the City's allocation of CDBG-CV funds was authorized by the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") to respond to the growing effects of this historic public health crisis; and WHEREAS, the City desires to provide funding to the Subrecipient to help prevent the spread of COVID-19 by stabilizing households and allowing families to remain in their own homes. The Subrecipient will utilize CDBG funds under the Emergency Assistance Program to support a portion of the salary costs for staff providing case management and emergency assistance services to low and moderate -income Clearwater residents at risk of homelessness, as well as to provide CDBG Subsistence Payments. In accordance with 24 CFR 570.207(b)(4), subsistence payments shall be issued as one-time emergency payments, not to exceed three months, on behalf of eligible individuals or families to prevent eviction, foreclosure, or the loss of essential utilities, specifically electric services. The Emergency Assistance Program reduces the need for shelter placement and minimizes situations that can contribute to the spread of COVID-19. Through these efforts, Subrecipient not only supports housing stablll)y and economic self-sufficiency but also helps protect the health and safety of vulnerable residents by reducing conditions that may increase the risk of COVID-19 transmission.; and WHEREAS, Subrecipient is a not-for-profit corporation that provides a range of programs and services to address individual, family and community needs, including but not limited to the Youth Development Program, Emergency Home Energy Assistance Program (EHEAP), Emergency Assistance Services Program, Family Development Program and Getting Ahead Program; and WHEREAS, Subrecipient was granted TWENTY-THREE THOUSAND ONE HUNDRED FORTY-SEVEN DOLLARS AND 00/100 CENTS ($23,147.00) in FY2025-2026 to utilize CDBG-CV funds for its Emergency Assistance Program to support a portion of salary costs for staff providing case management and emergency assistance services to low- and moderate -income Clearwater residents at risk of homelessness, as well as to provide CDBG-CV Subsistence Payments. In accordance with 24 CFR 570.201(a)(2), Subsistence Payments shall be issued as one-time emergel`iy payments, not to exceed three months, on behalf of eligible individuals or families to prevent eviction, foreclosure, or the loss of essential utilities, specifically electric services; and FY 2025-2026 Page 1 of 52 WHEREAS, these services are an eligible activity under CDBG-CV program in accordance with 24CFR 570.201(e). It is limited clientele activity and meets the national objective as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2) limited clientele activities; and WHEREAS, the Project meets the criteria of an eligible CDBG-CV activity by allowing families to remain in thq4 home to help prevent the spread of the Coronavirus infection; the City has identified that there is a need for providing salary to staff that implements this emergency assistance service payments for its Emergency Assistance Program to help prevent the spread of the Coronavirus infection by providing limited financial assistance once per year to alleviate emergency crises, ensuring that residents can maintain a safe home environment; and WHEREAS, Subrecipient has available necessary qualified personnel, facilities, materials and supplies to perform such services and/or carry out such programs for these residents, who are eligible and qualified to receive said services and are within the income limits for low- and moderate -income persons as defined by HUD and adjusted annually. 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-CV 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)(2). 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 TWENTY-THREE THOUSAND ONE HUNDRED FORTY-SEVEN DOLLARS AND 00/100 CENTS ($23,147.00) (the "Grant") in FY 2025-2026 to utilize CDBG-CV 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. FY 2025-2026 Page 2 of 52 4. Statement of Work/Program and Project Description. The Subrecipient operates an Emergency Assistance Services Program. The program provides stabilization services, case management, and emergency assistance to vulnerable households experiencing economic hardship. The Subrecipient will utilize Community Development Block Grant – Coronavirus (CDBG-CV) funds for its Emergency Assistance Program to respond to and mitigate the impacts of the COVID-19 pandemic on low- and moderate -income residents of the City of Clearwater. The COVID-19 public health emergency resulted in job loss, reduced work hours, and financial instability for many households, increasing the risk of eviction, foreclosure, and utility disconnection. The Subrecipient will provide case management and emergency financial assistance to households experiencing pandemic -related economic hardship in order to maintain housing stability and prevent homelessness. CDBG-CV funds will be used to 1.) support a portion of salary costs for staff providing case management and emergency assistance services to low- and moderate -income Clearwater residents who have experienced financial• hardship due to the COVID-19 pandemic and are at risk of homelessness and 2) to provide subsistence payments to beneficiaries. In accordance with 24 CFR 570.207(b)(4), Subsistence Payments shall be issued as one-time emergency payments, not to exceed three months, .on behalf of eligible individuals or families to prevent eviction, foreclosure, or the loss of essential utilities, specifically electric service. These payments are intended to address urgent financial needs resulting from or exacerbated by the COVID-19 pandemic and to stabilize households while they recover from pandemic - related economic impacts. The Salary Support Portion will support one (1) Full -Time Equivalent (FTE) Case Manager for twenty-five percent (25%) of salary costs attributable to the eligible activity (the "Project"). The Case Manager will conduct eligibility screening, assess pandemic -related financial hardship, coordinate emergency assistance, and connect households with additional recovery resources and supportive services. The Project will benefit approximately twenty-five (25) low- to moderate -income City of Clearwater residents in accordance with 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, scope of work, and milestones for this Project (the "Budget") are attached as Exhibit "D" and made a part hereof by reference. The subrecipient shall be responsible for ensuring all clients using the program complete the Self -Certification of Duplication of Benefits form provided in Exhibit O. The subrecipient shall verify that no duplicate payments (duplication of benefits) are paid for direct assistance to clients. Clients must complete and sign the Self -Certification of Duplication of Benefits form included in Exhibit O. The Subrecipient must complete and sign the Duplication of Benefits Calculation Worksheet form included in Exhibit P. Subrecipient shall submit Self -Certification of Duplication of Benefits forms with accompanying Duplication of Benefits Calculation Worksheet forms with all requests for payments. Duplication of Costs: Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract, or other source. 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. 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-CV funds within five (5) business days of written notice from the City's Economic Development and Housing Department Director. In accordance with 2 CFR §200.344, the City may reprogram FY 2025-2026 Page 3 of 52 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-CV 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-CV 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. 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 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 of this Agreement shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG-CV funds or other assets, including Program Income or for any HUD audits requiring repayment of any funds unlawfully spent under this Agreement. 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-CV 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 of this Agreement. 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/Subcontracting/Third-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 FY 2025-2026 Page 4 of 52 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 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 L, 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- CV funds. In the event that the City determines the 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-CV assistance; • Records documenting compliance with the fair housing and equal opportunity components of the CDBG-CV 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. 5. Retention of Records. Subrecipient shall maintain accurate and complete records, including FY 2025-2026 Page 5 of 52 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-CV 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 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 the 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 FY 2025-2026 Page 6 of 52 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 of this Agreement 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). 6. 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 CDBG-CV 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 entitled "Reports." 7. 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-CV 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 report shall be due on the 10th of each month for activities conducted during the preceding month. 8. 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 or CDBG-CV 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 or CDBG-CV funds as required by 24 CFR §570.503(b)(7); and b. If this Agreement involves real property under Subrecipient's control that was acquired or improved, in whole or in part, with CDB 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-CV funds FY 2025-2026 Page 7 of 52 for the acquisition or improvement to the real property. The payment shall be considered Program Income to the City. 9. 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. 10. 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 (i.e. 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 supplying funds otherwise available. 11. 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 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. FY 2025-2026 Page 8 of 52 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-CV 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 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, FY 2025-2026 Page 9 of 52 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-CV 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-CV-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-CV-assisted activity, or with respect to the proceeds of the CDBG-CV-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-CV 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-CV program. The Federal Government, the State government, and any local governments receiving funds under the CDBG-CV 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-CV program may not engage in inherently religious activities, such as worship, religious 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-CV 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-CV funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other FY 2025-2026 Page 10 of 52 things, faith -based organizations may use space in their facilities to provide CDBG-CV-funded services, without removing or altering religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-CV-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-CV 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-CV 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-CV 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-CV program. Where a structure is used for both eligible and inherently religious activities, CDBG-CV 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-CV funds. Sanctuaries, chapels, or other rooms that a CDBG-CV-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-CV-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-CV 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. 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-CV funds will be provided as reimbursement for the work done by that FY 2025-2026 Page 11 of 52 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-CV 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-CV 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, 2025. 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. 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. 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-CV 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 FY 2025-2026 Page 12 of 52 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 AgreementLead-Based Paint. 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 FY 2025-2026 Page 13 of 52 (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 thDBG-CV 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. 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-CV 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; d) Ineffective or improper use of funds provided under this Agreement; 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: FY 2025-2026 Page 14 of 52 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 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-CV funds awarded by the City. 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. FY 2025-2026 Page 15 of 52 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 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 FY 2025-2026 Page 16 of 52 "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. 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 FY 2025-2026 Page 17 of 52 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-CV 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 and services required by this Agreement and CDBG-CV 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 of this Agreement 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-CV 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- CV 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-CV 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 hereto 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. FY 2025-2026 Page 18 of 52 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 Manager City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Pinellas Opportunity Council, Inc Patricia L. Sawyer Executive Director 501 First Avenue North, Suite 517 St. Petersburg, FL 33701 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 Page 19 of 52 qh finIN WITNESS WHEREOF, the Parties hereto have executed this Agreement this �� day of �.(,� , 2026. Approved as to form: (CITY OF CLEARWATER SIGNATURE PAGE) Matthew J. Mytych, Esq. Assistant Cityttorne Date: !(11/��` CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Poirrier City Manager Date: Attest: Rosemarie CaII City Cler Date: FY 2025-2026 Page 20 of 52 (SUBRECIPIENT SIGNATURE PAGE) Pinellas Opportunity Council, Inc a Florida not-for-profit corporation BafiL1rIaej- Print Name: Patricia L Sawyer Title: Executive Director Date: 3'31 • 2.02G STATE OF FLORIDA COUNTY OF PINELLAS This Agreement was acknowledged before me by means of R Dhysical presence or ❑ online notarization, this 31 day of 14AAC-41 , 2025, by Patricia L Sawyer as Executive Director of Pinellas Opportunity Council. Inc. He/She Erg personally known to me or ❑ has produced as identification. (Notary Seal/Stamp) ALONDA FELICIA VAUGHAN Notary Public - State of Florida Commission # HH 358804 ; 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-CV Program Requirements Exhibit "F" Reporting Schedule Exhibit "G" CDBG-CV Public Services Employee Timesheet 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-CV Grant City of Clearwater Insurance Requirements Exhibit "0" Self -Certification of Duplication of Benefits Exhibit "P" Duplication of Benefits Calculation Worksheet Exhibit "Q" Self -Certification of Annual Income (Not required if all information on this form is on subrecipient's intake application) FY 2025-2026 Page 22 of 52 Exhibit "A" Standards of Eligibility CDBG Income Limits Effective June 1, 2025 Household Size 1 Person 0 to 30% AMI (Extremely Low) $21,950 30+ to 50% AMI (Low) $36,500 50+ to 80% AMI (Moderate) $58,450 Above 80% AMI (Non-Low/Moderate) N/A 2 Persons $25,050 $41,700 $66,800 N/A 3 Persons $28,200 $46,950 $75,150 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 $38,850 $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-CV, HOME and SHIP FY 2025-2026 Page 23 of 52 Exhibit "B" Required Subrecipient Information 1. Subrecipient name (which must match registered name in SAM.gov): Pinellas Opportunity Council, Inc 2. Subrecipient's SAM.gov unique entity identifier (UEI) number (see 2 CFR Part 25 — Universal Identifier and System for Award Management): G2H8KG99W5G6 3. Subaward Period of Performance Start Date and End Date: 10/01/2025 to 09/30/2026 4. Amount of Federal Funds Obligated by this activity: $ 23,147.00 5. Total Amount of Federal Funds obligated to subrecipient: $23,147.00 6. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Subrecipient shall use CDBG-CV funds under its Emergency Assistance Program to respond to and mitigate the impacts of the COVID-19 pandemic on low- and moderate -income residents of the City of Clearwater. Funds will support a portion of salary costs for staff providing case management and emergency assistance services to households experiencing financial hardship due to or exacerbated by the COVID-19 public health emergency and who are at risk of homelessness or housing instability. CDBG-CV funds will also be used to provide Subsistence Payments to eligible individuals and families facing pandemic -related economic hardship. In accordance with 24 CFR 570.207(b)(4), Subsistence Payments shall be issued as one-time emergency payments, not to exceed three (3) months, on behalf of eligible individuals or families to prevent eviction, foreclosure, or the loss of essential utilities, specifically electric services. These payments are intended to stabilize households impacted by COVID-19-related income loss, reduced work hours, or other financial disruptions resulting from the pandemic. 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 minim is rate is charged per 2 CFR §200.414 Indirect [F&A costs]): N/A FY 2025-2026 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-CV 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-CV 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 Page 25 of 52 Exhibit "D" Budget, Scope of Work, and Milestones Pinellas Opportunity Council, Inc Project Type: CDBG-CV Public Services Amount of CDBG-CV Funding: $ 23,147.00 Budget Line Item Amount Salary Support — Funds may be reallocated from Salary Support to Client Direct Assistance; however, funds cannot be transferred from Client Direct Assistance to Salary Support. $5,786.00 Fringe Benefits $N/A Unit Cost Rate (Fee for service) $N/A Operating Expenses $N/A Client Direct Assistance $17,361.00 Total Approved Budget $23,147.00 Subrecipient may reallocate funds among approved budget line items as necessary, provided that such reallocations do not result in an increase to the total funding amount authorized under this Agreement. Budget modification that remains within the total approved budget shall not require a formal amendment to this Agreement. Scope of Work: Public Services Subsistence Payment and Salary Support: The Subrecipient shall utilize CDBG-CV funds under its Emergency Assistance Program to support a portion of salary costs for staff providing case management and emergency assistance services to low- and moderate - income Clearwater residents at risk of homelessness, as well as to provide CDBG-CV subsistence payments. In accordance with 24 CFR 570.207(b)(4), Subsistence Payments shall be issued as one-time emergency payments, not to exceed three months, on behalf of eligible individuals or families to prevent eviction, foreclosure, or the loss of essential utilities, specifically electric services. Eligible Subsistence Payments • Rent or Mortgage Assistance: One-time payment not to exceed $1,000.00 per household to prevent eviction or foreclosure. • Electric bill Assistance: One-time payment not to exceed $75.00 per household to prevent service disconnecting. Ineligible Uses • Direct payments made to beneficiaries. • Advance payments for future months not yet due. • Utility assistance for Clearwater water or gas services (local policy restrictions). Limitations FY 2025-2026 Page 26 of 52 • CDBG-CV funds may not be used to cover more than three (3) months of arrears. • The initial payment cannot be used to bring a household fully current if arrears exceed three months. Documentation Reimbursement for Reimbursement All reimbursement requests must verifiable documentation, such as: • Eviction notices by landlords, • Mortgage statement showing delinquency • Electric bill with cutoff notice or past -due balance demonstrating imminent loss of service. Salary Support CDBG-CV funds will also support staff costs directly related to providing assistance to Clearwater residents: • One (1) FTE Case Manger will spend 25% of time to this program to determine client eligibility and commutation with utilities providers, mortgage companies, and landlords. Benefit —25 Households 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-CV income limits in effect at the time assistance is provided. Milestone: Milestone Description Target Date Execute Su brecipient Agreement October 1, 2025 Start Date for Time of Performance October 1, 2025 At least 50% of grant funds should have been requested April 1, 2025 100% of clients served and funds expended September 30, 2026 FY 2025-2026 Page 27 of 52 Exhibit "E" CDBG-CV 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-CV 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-CV assistance to Subrecipient. 2. Subrecipient hereby agrees to maintain accounting systems with internal controls to safeguard the HUD CDBG-CV 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-CV funds for each budget line item. There must be 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-CV funds; therefore, if Subrecipient maintains a common account for both CDBG-CV and other funds, the accounting system must provide for the clear and easy identification of CDBG-CV 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 8 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-CV project employee paid with CDBG-CV 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 Page 28 of 52 e) Attendance Records. Attendance records (individual timesheets) shall be maintained for all personnel paid with CDBG-CV 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-CV funds. j) Property Records. Subrecipient is required to maintain formal subsidiary records to control all CDBG-CV 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 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. • El 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. Reports must be submitted no later than the 10th day of the 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. FY 2025-2026 Page 30 of 52 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: 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). C. Submit Supporting Documents — Subrecipient shall submit the required documents through Neighborly Software under the "Monthly Report" tab for your CDBG-CV 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. DClient Detail Form - Client name and/or business names, Address, Total household size, Total household income, Race, Ethnicity, and Services provided. OClient Detail Form: Client ID Number (from HMIS or internal system), Household size, Area Median Income, Race, Ethnicity, Address (as shown on ID card or driver's license), and Services provided. ® Pinellas County Property Card ® Other - Documentation for Eligible subsistence payments include: • Rent or mortgage payments to prevent eviction/foreclose • Electric bill payments to prevent cutoff of service. • Eviction notices from landlords • Mortgage statement (showing three months or more delinquency) or 3 -month trial payment plan for the loan modification process. • Electric bill with cutoff notices or past due balance that demonstrate imminent loss of service. • Copy of issued checks or payment for rent/mortgage or electric bill, • Description of services, outcome and if multiple funding sources was provided to bring beneficiary current (example: Client received one month mortgage payment. Their hardship has been resolved and are able to remain current). • One form of proof of income for FY 2025-2026 Page 31 of 52 i. Employment Income — income documentation must reflect gross annual income as defined under 24 CFR 5.609 or IRS AGI definition, per HUD guidance: Pay stubs, employer verification letter, W-2 or recent tax return (IRS 1040) ii. Self -Employment Income: Tax return with Schedule C, Profit/loss statement, Bank statements. iii. Public Assistance Income: TANF, SNAP, or SSI award letters, Social Security benefits statement, unemployment benefits statement, 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. ❑ 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-CV PROGRAM OR HUD. SUCH INFORMATION AND DOCUMENTATION SHALL REMAIN ON FILE AND AVAILABLE 1MTH 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 FY 2025-2026 Page 32 of 52 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. The following checked documents must be uploaded onto Neighborly Software for monthly payment requirements. 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 • Total cost of services clearly stated b) ® Reimbursements for salary support, if applicable • Timesheets must include the following (See Exhibit "G" for reference): o Daily total hours worked, o Hours specifically charged to the grant, o Signatures of both the employee and supervisor, o Brief description of hours spent c) ❑ Supporting Invoices/Receipts, if applicable • Required for any contractors eligible under this Agreement • Must show amount, date and services provided. d) ❑ Unit cost rate for services provided, if applicable • Must include the unit cost rate as described in this Agreement, • Date of services, • Description of services, • Names of Clients and/or business owners, and address, • Hours spent, • Brief Description of services provided, per client e) ® Proof of payment: Acceptable forms include one of the following: • Direct deposit statements (Paycheck stubs) • Payroll check registers • Canceled checks FY 2025-2026 Page 33 of 52 EMpI. Nemo: Rato of Pay; $ Exhibit "G" Timesheet Activity Report Exhibit G Cltyof C osrwator Economic Dovobpmont8 Ho:rektg Department CDB° P ub ko Service Employee T1mes beet Pay Cycle: Hour)y Pay "Agin Period Date Grand Total Hours Regular Ho um Worked Clearwater CDBG Funding Other Funding Other Funding Tuo 07/012025 0 0 Wed 07107)2025 0 0 Thu 07/032025 0 0 Fri r 07/0412025 0 0 Sat 07/0512025 0 0 Sun 07/032025 0 0 Mon 07/07.2125 0 0 0 0 0 WEEKITOTAL 0 0 0 0 0 Tuo 07/032025 0 0 Wed 07/08,2025 0 0 Thu 07/102025 0 0 Frl 07/11/2025 0 0 Sat 07/122025 0 0 Sun 07/13/2025 0 0 Mon 0711412025 0 0 WEEK 2TOTAL 0 0 0 0 0 Tuo 07/15,2025 0 0 Wed 07/16.2025 0 0 Thu 07/172025 0 0 Frl 07/132025 0 0 Sat 071180025 0 0 Sun 07/20.2025 0 0 Mon 07/212025 0 0 WEEK 3TOTAL 0 0 0 0 _ 0 Tuo 07/22/2025 0 0 Wed 07/232025 0 0 Thu 07/24)2025 0 0 Fri 07/2512025 0 0 Sat 07/202025 0 0 Sun 071272025 0 0 Mon 07/25202.5 0 0 WEEK 4TOTAL 0 0 0 0 0 Tuo 07/292025 0 0 Used 07/302025 0 0 Thu 07/312025 0 0 Frl 09/012025 0 0 Sat 09/02.4025 0 0 Sun 05/032025 0 0 Mon 09/04/2025 0 0 WEEK 6TOTAL 0 0 0 0 0 TOTALS: O 0 I 0 0 Pay Period Begin Dato: -07/0112025 Pay Podod End Date: 07/21/2025 Fringe Hmars, ONLY it in tixted in A/ rennet Total Other range Howe Vacation rungs Fringe Hours Sick Holiday Leave Activity Description - Met desctipton Mimic based on approved CDBG Activity (Agreement) 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O I 0 0 0 0 •Ohlor Fund/ng - Specy the other funding smarm abovo. (o.g, HOME, SHIP) Pay period begin and and dates on this roportmust match your supporting docone ntation, 1 certify that the hfomraticn herein contained is true and comp Vete to the best of my knowledge. Slgnatuto: COMractor pato Signature:SupervisorApproval pato *Tho cost of fringe benetts may irchde the mats of tieave (vacation, famly-tetated !save. sick foove, MGdsys, court leave, 0r mLtury reeve); empfoyer contributions orexpenses ice social security, employee Lie, health, unemployment, and workefa compensation insurance (except as indicated in §200.447); pens;on plan costs, and unemp'oymeet benefit plans. The costs carriage benefits are o ro/sabreprovided that the benefits are reasonable and are regiired by raw, subrecip'entemproyoe WOO= Oran esta5=shed widen ofthe subredp'ent Tho forfoving supporting do:Acme:Aeon mud bo submitbd with lira Ti mashoet Adivify Roport - Atbndanco record§ (rdMdual tun0shocts). - RCM of payment (le, cited -deposit atai:monts or canceodcheeks). FY 2025-2026 FY 2023-24 Timerheet Activity Repel Page 34 of 52 (1) Exhibit "H" Equal Employment Opportunity Clause for Subrecipients and Their Contractors and Subcontractors Standard Solicitation for Bid and Contract Language 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 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 Page 36 of 52 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. FY 2025-2026 Page 37 of 52 Exhibit "1" 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) By: 114E " Signature PINELLAS OPPORTUNITY COUNCIL Signature Title: Executive Director Print Name: Patricia Sawyer Date: 3 ' 3 ' 2026 FY 2025-2026 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 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 Page 40 of 52 Place of Performance For Certification Regarding Drug -Free Workplace Requirements Name of Subrecipient: Pinellas Opportunity Council, Inc Program Name: Emergency Assistance Program 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): 501 First Avenue North, Suite 517 .St. Petersburg, Pinellas County, FL 33701 ❑ Check this box if there are workplaces on file that are not identified here. ATTEST: (Corporate Seal) By: N-4- Va4A0 Signature ``\\ON opPORT1,4://,, % s. 2v' • • CORp0� . O 2 `s��, r 'iiiiiiiito PINELLAS OPPORTUNITY COUNCIL Title: Executive Director Print Name: Patricia Sawyer Date: 3.31 2026 FY 2025-2026 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 (i.e. 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 Page 42 of 52 I, Patricia L Sawyer (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) �] I attest that Pinellas Opportunity Council, Inc 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 Pinellas Opportunity Council, Inc 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. I understand that the submission of a false affidavit is punishable as a second-degree misdemeanor under Florida law. Signature of President/Exe utive Dire or/Board Chair P9+ri ci a L. Scir w - Pried Name of President/Executive Director/Board Chair STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING CDBG-CV AGREEMENT was acknowledged before me by means of LJ physical presence or ❑ online notarization, this day of Paach , 2025, by Patricia L Sawyer as Executive Director of Pinellas Opportunity Council, Inc . He/She LI is personally known to me or ❑ has produced as identification. ba.u.aiL NOTARY PUBLIC A f. (Notary Seal/Stamp) ALONDA FELICIA VAUGHAN Notary Public - State of Florida Commission aw HH 3581104 ••,, or F My Comm. Expires Feb 6, 2027 Bonded through National Notary Assn. FY 2025-2026 Print Name: My Commission Expires: trip 6. 2.oz i Page 43 of 52 Docusign Envelope ID: 316F1 OEB-18B2-8D9E-813E-6AB202A1ACD7 Exhibit "L" Authorization Signature Card Name of Subrecipient: Pinellas Opportunity Council, Inc Name of Applicant: Patricia L. Sawyer, Executive Director Address: 501 First Avenue North, Suite 517 City, State, Zip: St. Petersburg, FL, 33701 Telephone Number: SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: NAME SIGNATURE Pair( u'o L. SawyerA I pride. Vogt fitxn - KYLE GEOFFREY MARTIN I certify that the signatures above are of the individuals authorized to execute financial documents. Date c efSALLAJ-ile_k Signature of Authorized Offici I Executive Director Title of Authorized Official FY 2025-2026 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. Pinellas Opportunity Council, Inc 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: Patricia L. Sawyer Title: Signature: Date: Executive Director 4:(C-9-ujILA" '3.31.2024o FY 2025-2026 Page 45 of 52 EXHIBIT "N" CDBG-CV 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 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. 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 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. FY 2025-2026 Page 46 of 52 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. �. -k• - 1 r • _ • •1• n z._i._• .- •.r. •- • - .l .r• •a- - • .l and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor's equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of anv 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 Page 47 of 52 Exhibit "0" Self -Certification of Duplication of Benefits Community Development Block Grant — CARES Act (CDBG-CV) Self -Certification of Duplication of Benefits Duplication of Benefits: A duplication of benefits (DOB) occurs when a person, household, business, government, or other entity receives financial assistance from multiple sources for the same purpose within the same time period, and the total assistance received for that purpose is more than the total need for assistance. Within the CDBG-CV program, all grantees are bound by Section 312 of the Stafford Act, as amended by the Disaster Recovery Reform Act, and the OMB Cost Principles within 2 CFR part 200 that require all costs to be "necessary and reasonable for the performance of the Federal award." This certification must be completed by any subrecipient, individual or family, business, direct beneficiary, or other entity that receives assistance and serves to document compliance with the CARES Act requirement to ensure that there are adequate procedures in place to prevent any duplication of benefits. Further, this certification serves to acknowledge that any subrecipient, individual or family, business, direct beneficiary, or other entity understands and agrees that the CDBG-CV funds must be repaid if such assistance is determined to be duplicative. I, located at (Name/title of subrecipient, direct beneficiary, business owner(s), other entity) (Address) Hereby certify that I have not received, and do not reasonably anticipate receiving, a duplicative benefit. I make this certification in connection with the application for the Pinellas Opportunity Council, Inc. (Emergency Assistance Program). The program is funded by the U.S. Department of Housing and Urban Development (HUD) with a supplemental appropriation from the Community Development Block Grant — CARES Act (CDBG-CV). I have received, or it is reasonably anticipated that I will receive, the following assistance funding to prevent, prepare for, or respond to the Coronavirus/COVID-19 pandemic for the same purpose within the same time period (check all that app + Date Amount ❑ State of Florida, Pinellas County, City of Clearwater, or other local government — CARES Act/Coronavirus Relief Funds ❑ Assistance from any non -profits or faith -based organizations (Please specify) ❑ Other (Please specify) $ $ $ Were you impacted by COVID-19? ❑ Yes ❑ No Are you receiving or expecting to receive any additional or similar assistance? ❑ Yes ❑ No Select one (1) of the following: ❑ I HAVE NOT applied for or received funding assistance for the same purpose within the same time period from Federal, state, local programs, or from any other source. ❑ I HAVE received funding assistance for the same purpose within the same time period from the following program(s) to assist in responding to the impact of the COVID-19 pandemic. Include lender/grant program name, amount received, date received, and a description of how funds were or are being used (please be specific): ❑ I have APPLIED for funding assistance for the same purpose within the same time period, and my application is PENDING from the following programs. Include lender/grant program name, amount requested, and a FY 2025-2026 Page 48 of 52 description of how funds will be used (please be specific): By signing below, I/we certify that this information is complete and accurate. I/we agree to provide, upon request, documentation on all benefits to the HUD Grantee/Program Administrator. WARNING: The information provided on this form is subject to verification by HUD and the HUD Grantee/Program Administrator at any time. By executing this Certification, Applicant(s) acknowledge and understand that Title 18 United States Code Section 1001: (1) makes it a violation of federal law for a person to knowingly and willfully (a) falsify, conceal, or cover up a material fact; (b) make any materially false, fictitious, or fraudulent statement or representation; OR (c) make or use any false writing or document knowing it contains a materially false, fictitious, or fraudulent statement or representation, to any branch of the United States Government; and (2) requires a fine, imprisonment for not more than five (5) years, or both, which may be ruled a felony, for any violation of such Section. Signature of Participant Printed Name Date Signature of Co -Participant Printed Name Date FY 2025-2026 Page 49 of 52 Exhibit "P" Duplication of Benefits Calculation Worksheet Community Development Block Grant — CARES Act (CDBG-CV) Duplication of Benefits Calculation Worksheet Applicant Name: Identify time period to expend funds: Applicant Address: Case ID: Determining Duplication of Benefits To analyze duplication of benefits, complete the following steps: 1. Assess Need: Determine the amount of need (total cost). 2. Determine Assistance: Determine the amount of assistance that has or will be provided from all sources to pay for the cost. 3. Calculate Unmet Need: Determine the amount of assistance already provided compared to the need to determine the maximum CDBG-CV award (unmet need). 4. Document Analysis: Document calculation and maintain adequate documentation justifying determination of maximum award. 1. Identify Applicant's Total Need 2. Identify Total Non -HUD related Assistance Received and will expend for the time period. 3. Identify Total HUD related Assistance Received and will expend for the time period. State of Florida, Pinellas County, City of Clearwater, or other local government — CARES Act/Coronavirus Relief Funds Assistance from any non -profits or faith -based organizations (Please specify) Other (Please specify) 4. Identify Total Assistance Received or Anticipated. 5. Calculate Maximum Award Possible (Item 1 minus Items 2 & 3) $ Any person or entity receiving CDBG-CV assistance (including subrecipients and direct beneficiaries) agree to repay assistance that is determined to be duplicative. Signature of Intake Staff (Analyzed Duplication of Benefits): Date: FY 2025-2026 Page 50 of 52 Exhibit "Q" Self -Certification of Annual Income Community Development Block Grant — CARES Act (CDBG-CV) Self -Certification of Annual Income INSTRUCTIONS: This is a written statement from the participant documenting the definition used to determine "Annual Gross Income," the number of beneficiary members in the family or household, and the relevant characteristics of each member for the purposes of income determination. To complete this statement, select the definition of income used, fill in the blank fields below, and disclose the total annual combined income of all members in the household. Adult participants must then sign this statement to certify that the informationis. complete and accurate, and that source documentation will be provided upon request. Income Definition Used (Select One): ❑ HUD 24 CFR Part 5 ❑ IRS Form 1040 Participant Name (First and Last): Race: ❑ White ❑ Black/African American ❑ Asian ❑ American Indian/Alaskan Native ❑ Native Hawaiian/Other Pacific Islander ❑ American Indian/Alaskan Native & White ❑ Asian & White ❑ Black/African American & White ❑ American Indian/Alaskan Native & Black/African American ❑ Other Multi -Racial ❑ I do not know my race ❑ I decline to disclose my race Physical Address: Apartment No.: City & State: Zip Code: (PO BOX NOT ACCEPTED) Co -Participant Name (First and Last): Race: Ethnicity: ❑ Hispanic/Latino ❑ Not Hispanic/Latino Gender: ❑ Male ❑ Female Date of Birth: Age: Phone: Home: Work: Cell: ❑ White ❑ Black/African American ❑ Asian ❑ American Indian/Alaskan Native ❑ Native Hawaiian/Other Pacific Islander ❑ American Indian/Alaskan Native & White ❑ Asian & White ❑ Black/African American & White ❑ American Indian/Alaskan Native & Black/African American ❑ Other Multi -Racial ❑ I do not know my race ❑ I decline to disclose my race FY 2025-2026 Ethnicity: ❑ Hispanic/Latino ❑ Not Hispanic/Latino Gender: ❑ Male ❑ Female Date of Birth: Age: Page 51 of 52 Household Size: Number of Adults: Number of Children: Does anyone in the household have a physical or mental disability? ❑ Participant (You) 111 Co -Participant ['Child ❑ None Total Gross (before taxes) Household Income: $ ❑ Hourly ❑ Weekly ❑ Biweekly ❑ Monthly ❑ Yearly (Include all sources of income: Salary, SSI/SSD, Unemployment, Child Support, etc., from ALL household members) By signing below, I/we certify that this information is complete and accurate. I/we agree to provide, upon request, documentation on all income sources to the HUD Grantee/Program Administrator. Signature of Participant Signature of Co -Participant Printed Name Date Printed Name Signature of Other Adult Household Member Printed Name Signature of Other Adult Household Member Printed Name Date Date Date WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. FOR INTERNAL USE ONLY Funding Source: Total HH Income: AMI: % Date of Service: Property Jurisdiction: ❑ Verified by Property Appraiser's Website Signature of Intake Staff (Reviewed Income Definitions/Jurisdiction): Date: FY 2025-2026 Page 52 of 52