NORTH GREENWOOD COMMUNITY GRANT AGREEMENT - SR UTILITY ASSISTANCE - 2023NORTH GREENWOOD COMMUNITY GRANT AGREEMENT
This North Greenwood Community Grant Agreement ("Agreement") is made as of
September ? , 2023 ("the Effective Date"), by and between THE CITY OF CLEARWATER,
a municipal corporation ("City"), and Clearwater Neighborhood Housing Services, Inc., a
Florida not-for-profit corporation, d/b/a Tampa Bay Neighborhood Housing Services
("Applicant") (collectively, "Parties").
WITNESSETH:
WHEREAS, on March 11, 2021, President Joseph Biden signed into law the
American Rescue Plan Act of 2021 ("ARPA"), Pub. L. 117-2, a $1.9 trillion economic
stimulus bill passed by the 117th United States Congress to aid the country with the
economic and health effects of the COVID-19 pandemic; and
WHEREAS, ARPA included a $350 billion Coronavirus State and Local Fiscal
Recovery Funds ("SLFRF") program designed to assist state, local, and tribunal
governments in their response to the COVID-19 pandemic; and
WHEREAS, the City received a total of $22,483,893.00 under the SLFRF program
in two equal tranches on May 19, 2021 and June 6, 2022; and
WHEREAS, on August 4, 2022, at a duly -noticed City Council meeting, the
Clearwater City Council approved funding allocations from the SLFRF program for twelve
proposed project and program types; and
WHEREAS, one such funding allocation was in the amount of $5,000,000.00 and
made for the North Greenwood Community Grant Program ("the Program") which was
intended to be used to provide start-up grant funding which benefits the North Greenwood
Community Redevelopment Area; and
WHEREAS, on December 12, 2022, the City made available applications for the
Program, with a deadline to apply set for February 15, 2023; and
WHEREAS, on February 15, 2023, the City received an application ("the
Application") from the Applicant, a true and correct copy of which is attached to this
Agreement as Exhibit "A", requesting financial assistance under the Program, in the amount
of $24,000 ($20,000 for grants to pay delinquent utility bills for eligible senior citizens
(homeowners or renters) who reside in North Greenwood - Up to $2,000 per household will
be provided to pay utility bills including electric, gas/heating oil, and water utility, that are at
least 60 days delinquent, and $4,000 for Administration/General Operating/Staff Support) to
provide Affordable Housing Programs and Services, assisting Seniors (55+) who reside in
the North Greenwood Community ("the Project"); and
WHEREAS, the Application was evaluated and scored by a review committee who
recommended approval of the Applicant's financial assistance for the Project request to the
Clearwater City Council; and
WHEREAS, on April 20, 2023, at a duly -noticed City Council meeting, the Clearwater
City Council approved the review committee's recommendation and authorized the City's
staff to negotiate a definitive grant agreement with the Applicant; and
WHEREAS, the City finds that providing financial assistance for the Project is a
permissible expenditure under the Program; and
WHEREAS, the City finds that the Project promotes the general public welfare of the
citizens of Clearwater;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
L GENERAL
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. Intent; Purpose of Agreement. The purpose of this Agreement is to further the
implementation of the Program by providing for start-up financial assistance to programs
that benefit the North Greenwood Community Redevelopment Area.
II. APPLICANT RESPONSIBILITIES
1. Implementation of the Project. The Applicant shall implement the Project in
substantial conformity with the Application.
2. Reporting Requirements. The Applicant shall submit monthly documentation
accounting for all Program grant funds disbursed to the Applicant and subsequently used
by the Applicant for purposes of the Project beginning on the first month after the Effective
Date. Any Program grant funds disbursed by the City but not used by the Applicant by the
Termination Date found in Section 9 shall be returned to the City 14 days after the
Termination Date. The requirement for a monthly accounting shall continue until all
Program grant funds have successfully been accounted for to the satisfaction of the City.
III. CITY RESPONSIBILITIES
1. Grant Funding. The City shall provide grant funding in the amount of $24,000.00
within 14 days after the Effective Date of this Agreement.
IV. APPLICANT DEFAULT
1. Failure to Implement the Program. If the Applicant fails to implement the Project
in substantial compliance with the Application as required by Section 11(1), then the
Parties agree that the Applicant shall be in default under this Agreement.
2. Failure to Submit Documentation. If the Applicant fails to submit documentation
as required by Section 11(2), then the Parties agree that the Applicant shall be in default
under this Agreement.
3. Application Misrepresentations. If the City determines, at any time and in the City's
sole discretion, that any portion of the Application constituted a material
misrepresentation, then the Parties agree that the Applicant shall be in default under this
Agreement.
4. Other Events of Default. In addition to the foregoing, the occurrence of any one or
more of the following after the Effective Date shall also constitute an event of default by
the Applicant:
A. The Applicant shall make a general assignment for the benefit of its creditors,
or shall admit in writing its inability to pay its debts as they become due or shall
file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or
shall file a petition seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation or shall file an answer admitting, or shall fail
reasonably to contest, the material allegations of a petition filed against it in any
such proceeding, or shall seek or consent to or acquiesce in the appointment
of any trustee, receiver or liquidator of the Applicant or any material part of such
entity's properties; or
B. Within 60 days after the commencement of any proceeding by or against the
Applicant seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not have been
dismissed or otherwise terminated, or if, within 60 days after the appointment
without the consent or acquiescence of the Applicant of any trustee, receiver
or liquidator of any of such entities or of any material part of any of such entity's
properties, such appointment shall not have been vacated.
5. Notice of Default and Opportunity to Cure. The City shall provide written notice of
any default under this Agreement and provide the Applicant 30 days from the date the
notice is sent to cure the default. This notice will be deemed sent when sent by first class
mail to the Applicant's notice address or when delivered to the Applicant if sent by a
different means.
6. City Remedies. If, after notice and an opportunity to cure, the Applicant fails to cure
any of the events of default listed in Section IV of this Agreement, then the Parties agree
that: a) this Agreement shall be null and void; b) that the City will have no further
responsibility to the Applicant, including the responsibility to tender any remaining
Program grant funds to the Applicant; c) that any Program grant funds actually tendered
by the City to the Applicant shall be returned to City along with default interest at a rate
of 10% starting from the date of default; and d) the Applicant shall have no recourse
against the City.
V. MISCELLANEOUS
1. Notices. All notices, demands, requests for approvals or other communications
given by either party to another shall be in writing, and shall be sent to the office for each
party indicated below and addressed as follows:
To the Applicant: To the City:
Tampa Bay Neighborhood Housing Services City of Clearwater
608 N Garden Avenue P.O. Box 4748
Clearwater, Florida 33755 Clearwater, Florida 33758
Attention: Attention: CRA Executive Director
Frank Cornier, President & CEO
with copies to:
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attention: City Attorney
2. Unavoidable Delay. Any delay in performance of or inability to perform any
obligation under this Agreement (other than an obligation to pay money) due to any event
or condition described in this Section as an event of "Unavoidable Delay" shall be excused
in the manner provided in this Section.
"Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, acts of the public enemy, riot, insurrection, war,
pestilence, archaeological excavations required by law, unavailability of materials after
timely ordering of same, building moratoria, epidemics, quarantine restrictions, freight
embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely
abnormal and excessively inclement weather (as indicated by the records of the local
weather bureau for a five year period preceding the Effective Date), strikes or labor
disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes,
restoration in connection with any of the foregoing or any other cause beyond the
reasonable control of the party performing the obligation in question, including, without
limitation, such causes as may arise from the act of the other party to this Agreement, or
acts of any governmental authority (except that acts of the City shall not constitute an
Unavoidable Delay with respect to performance by the City).
An application by any party hereto for an extension of time pursuant to this Section
must be in writing, must set forth in detail the reasons and causes of delay, and must be
filed with the other party to this Agreement within 30 days following the occurrence of the
event or condition causing the Unavoidable Delay or 30 days following the party becoming
aware (or with the exercise of reasonable diligence should have become aware) of such
occurrence.
The party shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence actually
delays that party from proceeding with its rights, duties and obligations under this
Agreement affected by such occurrence.
3. Indemnification. The Applicant agrees to assume all risks of inherent in this
Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the
City and the City's officers, agents, and employees from and against any and all claims
of loss, liability and damages of whatever nature, to persons and property, including,
without limiting the generality of the foregoing, death of any person and loss of the use of
any property. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to the Applicant's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Applicant whether or not based on negligence. Nothing
herein shall be construed as consent by the City to be sued by third parties, or as a waiver
or modification of the provisions or limits of Section 768.28, Florida Statutes or the
Doctrine of Sovereign Immunity.
4. Assignability; Complete Agreement. This Agreement is non -assignable by either
party and constitutes the entire Agreement between the Applicant and the City and all
prior or contemporaneous oral and written agreements or representations of any nature
with reference to the subject of the agreement are canceled and superseded by the
provisions of this agreement.
5. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance, and enforcement of this Agreement. This Agreement has been
negotiated by the City and the Applicant, and the Agreement, including, without limitation,
the Exhibits, shall not be deemed to have been prepared by the City or the Applicant, but
by all equally.
6. Severability. Should any section or part of any section of this Agreement be
rendered void, invalid, or unenforceable by any court of law, for any reason, such a
determination shall not render void, invalid, or unenforceable any other section or any
part of any section in this Agreement.
7. Amendments. This Agreement cannot be changed or revised except by written
amendment signed by all parties hereto.
8. Jurisdiction and Venue. For purposes of any suit, action or other proceeding
arising out of or relating to this Agreement, the parties hereto do acknowledge, consent
and agree that venue thereof is Pinellas County, Florida.
Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States
District Court for the Middle District of Florida, for the purposes of any suit, action or other
proceeding arising out of or relating to this Agreement and hereby agrees not to assert
by way of a motion as a defense or otherwise that such action is brought in an
inconvenient forum or that the venue of such action is improper or that the subject matter
thereof may not be enforced in or by such courts.
If, at any time during the term of this Agreement, the Applicant is not a resident of
the State of Florida or has no office, employee, City, registered agent or general partner
thereof available for service of process as a resident of the State of Florida, or if any
permitted assignee thereof shall be a foreign corporation, partnership or other entity or
shall have no officer, employee, agent, or general partner available for service of process
in the State of Florida, the Applicant hereby designates the Secretary of State, State of
Florida, its agent for the service of process in any court action between it and the City
arising out of or relating to this Agreement and such service shall be made as provided
by the laws of the State of Florida for service upon a nonresident; provided, however, that
at the time of service on the Florida Secretary of State, a copy of such service shall be
delivered to the Applicant at the address for notices as provided in Section 10.
9. Termination. If not earlier terminated as provided in this Agreement, the term of
this Agreement shall expire and this Agreement shall no longer be of any force and effect
on December 1, 2026.
Approved as to form:
ichael P. Fuino
Senior Assistant City Attorney
THE CITY OF CLEARWATER, a municipal
corporation
By:
Attest:
e oev 777m- xecutive Director
Clearwater C• nity Redevelopment Agency
CC2
Rosemarie Call
City Clerk
444W4141
.o
49.j4.IISHEO
Clearwater Neighborhood Housing Services, Inc.
By:
Its:
1=1,4g5;;ry
STATE OF FLORIDA ]
COUNTY OF PINELLAS ]
The foregoinginstrument was acknowledged before me this day of Ayw „ , 2023
by / r ti - �_ �� f r , who is personally known to me or who has
produced a driver's license as identification.
My Commission expires:
Notary Public
.iGEtaMYBURft
.;un.•ximin.NH167360
. 7m$OMNI30.2023
sed 114110/►eb lame 800.985.1019
ROM D.RAYBURN
/7 : s Caar moo
• •t Expires Caber
26
3300, 2126 .�8y041164119
E. Funding Request
Completed by jwsmethers@msn.com on 2/14/2023 2:39 PM
Case Id: 15621
Name: Sr. Utility Assistance - 2023
Address: 608 N. Garden Avenue, Clearwater, FL 33755
E. Funding Request
Please provide the following information.
E.1. City of Clearwater North Greenwood Community grant funds requested?
$22,400.00
E.2. Budget Narrative (tell us how you plan to spend grant funds)
A small portion of the grant funds requested will be allocated to staff salaries ($2,400) to administer the program. The
balance of the grant ($20,000) will be utilized for grants to pay delinquent utility bills for eligible senior citizens
(homeowners or renters) who reside in North Greenwood. Up to $2,000 per houshold will be provided to pay utility
bills that are at least 60 days delinquent. The funds will be used for electric, gas/heating oil, and water utility bills.
E.3. Will you be requesting matching funds from others (foundations, charities, personal donations,
local/state/federal government or others)?
Yes
E.4. Funding Request Table
"Amount Required for Entire Project" is the total cost of providing the service ("Total Amount of Other Funds" +
ARPA Grant Funds = "Amount Required for Entire Project").
"Total Amount of Other Funds" - Typically applicants do not intend to use ARPA funds exclusively for the service
they are proposing. They will more than likely fund a portion of their work with raised funds, donated funds, other
grant funds, etc. Identify the amount of other funds that will be used to fund the service other than the ARPA
funds.
"Other Funds by Source (Include Amount for Each Source)" - Identify the source(s) of the amount entered in "Total
Amount of Other Funds" (e.g. County grant, small business loan, self-funded, etc.). Include the source(s) of other
funds and the amount for each source.
Project Cost by Type
Amount Required
for Entire Project
Total Amount of
Other Funds
Source
Amount From
Source
Program Delivery
$30,560.00
$10,560.00
Charity or
Foundation
$20,000.00
Salary Support
$3,840.00
$1,440.00
Charity or
Foundation
$2,400.00
E.S. Describe your plans to use other funds on this project, if applicable. In this section, only describe funds that are
secured. Provide the source of funds, amounts, included the number of participants served and how these funds
will be used.
TBNHS has received a letter of support for up to $20,000.00 from Clearwater Urban Leadership Coalition to provide
Printed By: Anne Lopez on 9/19/2023
HNeighborly Software
1 of 2
matching funds for the grants to bring the delinquent utility accounts current for the low and moderate income senior
citizens. Utilizing these additional funds, TBNHS anticipates assisting up to 35 individuals with 15 to 20 grants.
E.6. Describe your plans to seek new funding to supplement ARPA funding. Describe the sources to which you will
apply, the amounts sought, and the proposed use of those funds.
TBNHS will continue to seek other funding sources to continue offering this program to seniors. Other sources have
not been identified at this time. However, TBNHS will continuously search for other funding opportunities.
E.7. What will happen if this project is not funded?
Since TBNHS has a grant from Pinellas Community Foundation to provide utility assistance to seniors in Pinellas
County, this program will still be offered, but it will just not focus on the residents in North Greenwood. In addition,
less seniors will be assisted. Under the PCF program, TBNHS anticipates providing 5 to 10 grants.
E.8. What will happen if this project is partially funded?
If this project is partially funded, less seniors will be assisted until TBNHS is able to secure additional funding sources.
Printed By: Anne Lopez on 9/19/2023 2 of 2
H Neighborly Software
Statement
Funding Source: ARPA - 22/23
Case Id: 15621
Name: Sr. Utility Assistance
Address: 608 N. Garden Avenue
Clearwater, FL 33755
Date
Funding Source
Type
Category
Amount
6/8/2023
ARPA - 22/23
Initial Funding
Grant Award
$24,000.00
Escrowed Deposited Amount
$24,000.00
Date
Funding Source
Type
Category / Payee
Amount
$24,000.00
Expensed Amount
$0.00
Remaining Balance
$24,000.00
This statement is accepted as a complete and final accounting for the escrow account funds.
Finding
Remaining Balance
ARPA - 22/23
$24,000.00
Total Balance
$24,000.00
Staff Certification
Mailed to Borrower
Date
Copy to Program file
Prepared By: Anne Lopez on 9/19/2023 1 of 1
N Neighborly Software