FIRST AMENDMENT TO SERVICES AGREEMENTFIRST AMENDMENT TO SERVICES AGREEMENT
This First Amendment to Service Agreement (this "Amendment"), is made and
entered into on this v 3`4- day of,/ULT , 2023 (the "Effective Date") by and
between the CITY OF CLEARWATER, a municipal corporation of the State of Florida (the
"City") and PINELLAS COMMUNITY FOUNDATION, CLEARWATER, FL., a public
charitable foundation established by Trust Agreement Dated January 1, 1969, as may have been
amended from time to time ("Contractor")(the City and Contractor are collectively herein
referred to as the "Parties").
WITNESSETH:
WHEREAS, a total of Twenty Two Million Four Hundred Eighty -Three Thousand Eight
Hundred Ninety -Three Dollars and 00/100 Cents ($22,483,893.00) of American Rescue Plan Act
("ARPA") Local Fiscal Recovery Funds was received by the City in two equal tranches on May 19,
2021 and June 6, 2022; and
WHEREAS, Clearwater City Council allocated the aforementioned total of Twenty Two
Million Four Hundred Eighty -Three Thousand Eight Hundred Ninety -Three Dollars and 00/100
Cents ($22,483,893) to fiscal 2022 General Fund operations as revenue recovery, while also
allocating available General Fund reserves, or "ARPA-related" funds to various projects and
programs on August 4, 2022; and
WHEREAS, on August 4, 2022, Clearwater City Council authorized One Million Dollars and
00/100 Cents ($1,000,000.00) of its ARPA-related funds to be administered by Contractor to
distribute funding to organizations capable of delivering emergency services to Clearwater residents
in need of housing and social service needs with said authorization of funds memorialized in that
certain Services Agreement dated December 21, 2022 (the "Original Agreement"); and
WHEREAS, the City recognizes that Contractor has unique expertise in designing and
administering grants and is an appropriate subrecipient of the City's allocation of ARPA-related
funds; and
WHEREAS, the Parties wish to amend the Original Agreement to clarify that the funds
awarded to Contractor are not true ARPA funds but are ARPA-related funds and to further amend
the Original Agreement to allow Contractor to draw project funds upon execution of contracts with
subrecipients; and
WHEREAS, Contractor represents that it has the experience and expertise to perform the
services as set forth in the Original Agreement and this Amendment thereto; and
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants,
agreements, terms, and conditions herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, the Parties agree as follows:
1. The recitations set forth above in the WHEREAS clauses are true and correct and are
incorporated herein by this reference.
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2. The Parties agree to amend Exhibit "A" and "C" of the Agreement to read as follows:
AMENDED EXHIBIT "A" - SCOPE OF WORT{
The City of Clearwater received its allocation of the American Rescue Plan Act (ARPA)
State and Local Fiscal Recovery Fund (SLFRF) in two equal tranches on May 19, 2021 and
June 6, 2022. On August 4, 2022, the Clearwater City Council approved use of the full
ARPA allocation for fiscal 2022 General Fund operations, along with a Spending Plan for
the ARPA-related funds. The Spending Plan includes One Million Dollars and 00/100 Cents
($1,000,000.00) of ARPA-related funds to be distributed by Pinellas Community
Foundation to organizations capable of delivering emergency services to Clearwater
residents in need of housing and social service needs. Up to Two Hundred and Fifty
Thousand Dollars and 00/100 Cents ($250,000.00) of the One Million Dollars and 00/100
Cents ($1,000,000.00) may be used to assist residents of Capri Mobile Home Park facing
eviction.
This Agreement is for services to administer the Project Fund on behalf of the City. As used
in the Agreement, the term Contractor is the subrecipient and this Agreement is intended to
reflect the structure within which the Contractor must perform the duties outlined in this
Scope of Work. The Contractor is responsible for the acceptance and maintenance,
disbursement, accounting, and reporting of the Project Fund during the period of the
agreement, which will be from the time the agreement is signed until December 31, 2026,
with the option for extension.
1. JEI,JVERARLES:
a. The Contractor will, within thirty (30) days from the effective date, design and begin
administration of the Project Fund on behalf of the City to provide funding to
organizations capable of delivering emergency services to Clearwater residents in need
of housing and social service needs.
b. Create a competitive process to distribute the funds in such a way as to maximize
the positive impact to Clearwater residents.
c. Contractor shall allocate the Project Fund to organizations capable of delivering
emergency services to Clearwater residents in need of housing and social service
needs. Contractor will be entitled to reimbursement of direct administrative costs
incurred by Contractor; however, the amount of administrative costs reimbursed
to Contractor shall not exceed 10% of funds expended.
d. Contractor shall create a competitive selection process and disburse said funds to
qualified applicants ("Grantees") using a selection process which prioritizes the
effective solutions to Clearwater residents in need of housing and social service
needs. There will be no appeal process available for an applicant who is denied an
award or given a partial award.
e. Within seven (7) days of the completion of the Project Fund design, Contractor
must publicly advertise the Project Fund and the competitive solicitation for
the Project Fund to organizations capable of delivering emergency services to
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Clearwater residents in need of housing and social service needs and shall
facilitate appropriate public access to award decision meetings.
f. Prior to Contractor issuing notice of award to Grantees, Contractor will provide the
award recommendations consisting of a summary and funding amounts to the City.
Within 48 hours of receipt of the award recommendations, the City will provide
verification to Contractor that the recommended Grantees are not prohibited from
contracting with the City and that Contractor may proceed to contracting with
recommended Grantees.
g. Contractor will include representation as determined by the Economic Development
and Housing Director on the evaluation committee performing the rank and review
of submitted applications.
h. Contractor will clearly identify the Grantees of awards as beneficiaries of the Project Fund.
i. Upon receiving verification from the City, the Contractor will promptly, but not later
than thirty (30) days after evaluation, execute an award agreement with the Grantees
and will coordinate necessary funding for projects to commence.
Contractor must maintain on their public website, information on the award
committee, awarded projects, and progress of the Project Fund.
k. Contractor must ensure award agreements are sufficient to effectively monitor
compliance and deliver capital projects consistent with the City's objectives set forth
herein. This includes, but is not limited to:
i. Grantees must be required to submit documentation to the Contractor to support
expenditures. Additional reporting and documentation may be requested by the
City as needed.
ii. Agreements may allow for pre -payment and/or reimbursement of Contractor
approved costs associated with Grantee activities from date of award provided
that all activities are completed not later than December 31, 2026. Grantees must
demonstrate these expenditures and must attest to the accuracy of project costs;
that the project costs are not otherwise reimbursable by a different source; and
that they are to address housing and social service needs contributing to negative
economic impact to the Grantee.
Contractor must require Grantees to identify and budget for all future perpetual
costs associated with proposed project and identify source(s) of future non -City
revenues to cover costs for ongoing needs. Grantee budgets submitted which have
unidentified source(s) of revenue or include City revenue as part of ongoing future
costs are ineligible for funding.
iv. Contractor must require Grantees to have the administrative capacity to effectively
manage and deliver service, maintain records, and provide reporting and accurate
invoice reconciliation. The Contractor must verify the administrative capacity of
an organization or must facilitate all services necessary for compliance.
v. Contractor must work with Grantees to establish benchmarks and/or
deliverables that demonstrate project completion within the timeframes
required herein.
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vi. Contractor agreements with Grantees must require Grantee reimbursement
to City of all unspent or improperly spent funds awarded to Grantees.
vii. Contractor will provide fmal Grantee award agreement template to the City
for review and approval of language. City's review and approval of such
language is not a waiver by the City of any responsibility of the Contractor.
1. Contractor must provide the City with monthly reporting on updates received from
the Grantees on progress, expenditures, and detail on awarded projects. Contractor
will determine reporting schedule for Grantees based upon scope of project.
m. Contractor must maintain detailed accounting and tracking of expenditure levels for
regular reporting to the City including amount advanced to each Grantee, including
amount invoiced, and balance of advance remaining.
n. Contractor must monitor award compliance and progress in delivering projects by the
deadlines and guidance required herein.
o. Contractor must provide City with a list of all awarded and non -awarded proposals
received and copies of all proposals and agreements resulting from this program.
p. Contractor must participate in update meetings not less than quarterly with City
representatives to review program progress and operation. Contractor and the City
will work to determine ongoing meeting frequency based upon volume of work and
need.
q. Contractor must maintain a public -facing website advertising the City of
Clearwater funding assistance.
r. Contractor must provide an online application portal for receipt of applications.
s. Contractor must provide full accounting of fund disbursement.
t. Contractor must return unspent funds to the City within thirty (30) days of termination of
the Agreement.
u. Contractor must provide quarterly Project and Financial reports to the
City's Economic Development and Housing Department Director.
v. Contractor must provide quarterly performance reports to the City to track
benchmarks and/or deliverables as specified above.
w. Contractor must ensure award agreements are sufficient to effectively monitor
Grantee compliance.
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AMENDED EXHIBIT "C" - PAYMENT SCHEDULE
The City will provide One Hundred Thousand Dollars and 00/100 Cents ($100,000.00) to Contractor
within thirty (30) days of the effective date of this Agreement. These funds shall be used as a
revolving fund to pay Project Fund expenses while waiting for reimbursement from the City for
documented Grantee expenses.
Thereafter, upon Contractor entering into an agreement with an eligible Grantee, Contractor shall
timely submit an invoice to the City requesting funding in amount not to exceed the grant amount
agreed to between Contractor and said Grantee. Upon Contractor receiving the requested funding
from the City, Contractor shall on the first of every month thereafter provide the City with a report
indicating the amount of funding that has been provided to Grantees and clearly specifying how and
for what purpose such funds have been expended.
Contractor shall also invoice the City on the first of each month for direct administrative costs related
to managing Contractor's agreements with Grantees. However, the City shall only reimburse
Contractor's direct administrative costs in an amount up to ten percent (10%) of the funds expended
by Contractor under its agreements with Grantees.
When total expenditures to Grantees and reimbursement to Contractor for administrative costs reach
One Million and 00/100 Dollars ($1,000,000.00), the Project Fund shall terminate. If all funds are
not expended by December 31, 2026, the Project Fund and this Agreement shall terminate and
Contractor shall return all remaining, unspent funds to City within sixty (60) days thereafter.
3. In the event of any conflict or ambiguity between the terms and provisions of this Amendment
and the Original Agreement, the terms and provisions of this Amendment shall control to the
extent of any such conflict or ambiguity.
4. All other terms and conditions of the Original Agreement shall remain in full force and effect
unless expressly amended herein.
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment under seal
as of the day and year above written.
Attest:
Print Name: 3 e *te #h pyo
Print Name: 13 AV 4 tr
Brian J. Audi t,
Mayor
Appr. to Fo
Matthew J. Mytych, Esq.
Assistant City Attorney
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Pinellas Community Foundation,
A public charitable foundation.
By:
Print Name: .„,„��,,,�
Title:
City of Clearwater, Florida,
a Florida municipal corporation.
Jennifer Poirrier
City Manager
Attest:
Rosemarie Call
City Clerk