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HOMELESS INITIATIVE GRANT AGREEMENTCITY OF CLEARWATER HOMELESS INITIATIVE GRANT AGREEMENT This Homeless Initiative Grant Agreement (this "Agreement") is made as of this 0112)```t- day 112)h`tday of tUu/ , 2026 by and between the City of Clearwater, Florida, a Florida municipal corporation (the "City") and Westcare Gulfcoast - Florida, Inc., a Florida not-for-profit corporation (the "Recipient" and collectively with the City the "Parties"). WITNES SETH: WHEREAS, in 2012, the City of Clearwater (the "City") launched its homeless initiative through the joint efforts of the City Manager's office, Dr. Robert Marbut, and the previous community development manager, which created funding for local homeless service providers (the "Program"); and WHEREAS, approved organizations are required to serve "qualifying populations" defined as individuals and families who are homeless; persons who are at risk of homelessness; individuals or families fleeing domestic violence, human trafficking or similar circumstances; persons at greatest risk of housing instability, including households with income below thirty percent (30%) of Area Median Income ("AMI"), or below fifty percent (50%) of AMI if they meet the federal criteria for being "at risk of homelessness"; or veterans or veteran families who fall into any of the foregoing categories; and WHEREAS, grant funds shall be used to support program services and activities that provide direct assistance to qualifying populations; prevent homelessness by stabilizing at -risk households; expand access to emergency shelter, transitional housing, or supportive services; or address barriers to stable housing such as case management, employment assistance, or supportive health services; and WHEREAS, qualifying populations served through the use of these funds are required to be residents of the City of Clearwater. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows: I. GENERAL 1. Recitals. The foregoing recitals are true and correct and are incorporated herein and form a part of this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide grant funding for direct support of operations of the emergency intervention and stabilization program as further detailed in the Recipient's funding application (the "Services"). 3. Term. This Agreement shall be in effect for thirteen (13) months from the date of its execution (the "Term"). 1 II. RECIPIENT'S WARRANTIES AND RESPONSIBILITIES 1. Reporting. The Recipient shall use the grant funds in accordance with their funding application and the Program, the terms of which are incorporated herein as a part of this Agreement. The Recipient shall produce five (5) reports during Fiscal Year 2025-2026. The first report will be due on April 22, 2026, the second report will be due on July 22, 2026, the third report will be due on October 22, 2026, and the final quarterly report will be due on January 22, 2027. The annual report will be due January 22, 2027. a. Each report will include information for the preceding 3 months of each quarter. b. The recipient shall report on the following data, as well as anything else it deems necessary, utilizing the reporting form provided by the City: i. Total number of homeless individuals and/or families assisted during each time period; ii. Total number of homeless individuals and/or families from Clearwater assisted during each time period; iii. Total number of homeless individuals housed during each time period; iv. Total number of homeless individuals from Clearwater housed during each time period; v. Documented street outreach efforts. e.g., locations at which homeless persons are engaged (feedings, encampments, etc.); vi. Total number of homeless individuals and families with children from Clearwater placed in hotels/shelters during each time period; vii. Average length of stay at a shelter during each time period; viii. Number of referrals from the Clearwater Homeless Street Outreach Team; ix. Total number of Veterans assisted during each time period; x. Total number of Veterans from Clearwater assisted during each time period; xi. One success story per quarter featuring a homeless person from Clearwater (if possible); and xii. Community events and activities. III. GRANT CONDITIONS 1. Grant Funding. The City shall pay for the Service's eligible costs up to a total grant amount of eleven thousand dollars and 00/100 cents ($11,000.00) (the "Grant Funds"). Any costs exceeding the Grant Funds shall be the sole responsibility of the Recipient. Any unused funds at time of termination of this Agreement shall return to the City. Under no circumstances may the Grant Funds be used for any purpose other than the administration of the Services or to provide a direct benefit to beneficiaries in connection with the Services. 2 2. Draw Request Process Draw Request. The Recipient shall be entitled to one (1) draw of the Grant Funds during the Term of this Agreement. To request disbursement, the Recipient shall submit a complete draw request package to the City, which shall include: a. An invoice itemizing the anticipated costs for which funding is sought; and b. Any supporting documentation reasonably required by the City to verify that the expenditures are eligible under the Program. The City shall review the draw request for compliance with this Agreement and the Program requirements. If the draw request is approved, the City shall disburse the Grant Funds within thirty (30) days of receiving a complete and accurate submission. If the City determines that any portion of the requested amount is ineligible or unsupported, the City may deny that portion of the request and shall notify the Recipient in writing. The Recipient shall have no right to additional draw requests beyond the single draw authorized herein. 3. Record Inspection. The City may inspect the Recipient's records related to the grant at any time and upon seven (7) days' notice. IV. RECIPIENT DEFAULT 1. Event of Default. The occurrence of a breach by the Recipient of any term, condition, requirement, or warranty of the Program, this Agreement, the Recipient's application, or any of the exhibits attached hereto shall constitute an event of default by the Recipient. 2. City Remedy Upon Certain Recipient Default. In the event of a default, the Parties agree that upon the City giving written notice, that this Agreement shall be null and void and that the City will have no further responsibility to the Recipient, including the responsibility to tender any remaining amounts of the Grant Funds to the Recipient. Additionally, the City shall be entitled to the return of all the Grant Funds provided to the Recipient. These remedial provisions shall survive the termination of this Agreement. 3 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 Recipient: Westcare Gulfcoast - Florida, Inc. Philip Hauck Grant Development Officer PO Box 12019 St. Petersburg, FL 33733 To the City: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: ED&H Director with copies to: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: Clearwater City Attorney's Office 2. Indemnification. The Recipient agrees to assume all inherent risks of 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, except claims arising from the negligence of the City, or the City's agents or employees. 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 Recipient' s activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Recipient 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. 3. Assignability: Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Recipient and the City and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of this Agreement are canceled and superseded by the provisions of this Agreement. 4. 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 Recipient, and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the City or the Recipient, but by all equally. 5. Severability. Should any section or part 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 part of this Agreement. 4 6. Amendments. This Agreement cannot be changed or revised except by written amendment signed by the Parties. 7. Jurisdiction and Venue. For purposes of any suit, action, or other proceeding arising out of or relating to this Agreement, the Parties 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 Recipient is not a resident of the State of Florida or has no office, employee, agency, 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 Recipient 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 Recipient at the address for notices as provided in Section V, Paragraph 1. 8. Termination. If not earlier terminated as provided in this Agreement, this Agreement shall expire at the end of the Term. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first above written. 5 (CITY SIGNATURE PAGE) THE CITY OF CLEARWATER, FLORIDA, a Florida • ' icial corporati • . 1 i44 ni Poirrier City anager C Date: By: Approved as to form: Matthew J. Mytych, Esq. Assistant Ci Attorney Date: l a lig C 6 1"at Cl,pa at ZIP Attest: Rosemarie Call City y Date: I � 2/09Y (RECIPIENT SIGNATURE PAGE) RECIPIENT: Westcare Gulfcoast - Florida, Inc., a Florida not-for-profit corporatioi Print namlianny Blanco Title: COO Date:'D ) 1 S' V o Resolution WCGC 2025-01 STATE OF FLORIDA ) COUNTY' OF P AS ) 11R 1 QM; --jClot— The foregoing-instru ent was acknowledged before me by means [physical presence or ❑ online notarization, this day of . CANA& (41d 202 ➢ by 'NAM? Plaq who are personally:known to me or 0 who has/have produced a driver's license as identification. (NOTARIAL: SEAL) 7 Notary `' ublic, State of Florida Name of Notary: `1 f4 rt (-) a-- "t7-- • l-� � My Commission Expires: 0 q/t.7 / 0-094 My Commission No.: It 1-t SS. d .31 (4 Exhibit "A" 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 nongovernmental entity when a contract is executed, renewed, or extended between the nongovernmental entity and a governmental entity. Westcare Gulfcoast - Florida, Inc. does not use coercion for labor or services as defined in Section 787.06, F.S. Under penalty of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and correct. Signature: Printed Name:Danty-134am° Title: COO Date: 0 if tylase 8