GRANT FUNDING AGREEMENT FUNDING FOR RESTROOM FACILITY AT THE LIMITLESS PLAYGROUND AT THE LONG CENTER
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GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the ~ day of ~~ A ,2006,
(the "Effective Date") by and between City of Clearwater, whose address is ~ter, FL
33758, hereinafter the" GRANTEE", and P INELLAS COUNTY, apolitical subdivision 0 f the State 0 f Florida,
whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred to as the "COUNTY").
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and funding such
activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for active
recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing organizations
through the Recreational Grant Project provides support for and access to active recreation opportunities for
residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE has proposed a project to the COUNTY for funding consideration under the
Year 2006 Project consisting of the construction of a restroom facility at the new Limitless Playground at the
Long Center ("Project") and
WHEREAS, the COUNTY considers the Project worthwhile and desires to assist the GRANTEE in
funding the Project as provided herein.
NOW, THEREFORE, the COUNTY and the GRANTEE, in consideration of the mutual terms, covenants
and' conditions set forth herein, agree as follows:
1. PROJECT DESCRIPTION AND COMPLETION SCHEDULE. GRANTEE shall complete the
work/perform the services constituting the Project described in Exhibit A attached hereto and incorporated
herein by reference, including performance in accordance with the Project Schedule included in Exhibit A.
GRANTEE shall be solely responsible for managing, securing and contracting with third parties, supervising,
and completing the work/services relating to the Project, and nothing in this Agreement shall be construed to
create an employee, agent, partner or joint venturer relationship with the County, and the GRANTEE is and shall
remain at all times an independent contractor. Any work/services performed by the GRANTEE not authorized in
the Project description or Project Schedule shall be solely at the GRANTEE's expense and shall not be eligible
for funding as provided in paragraph 2 herein. Any change in the description of the Project or Project Schedule
shall take effect only upon the execution of a written amendment to this Agreement.
2. FUNDING. T he COUNTY agrees to fund the sum of not toe xceed $ 50,000 for the Project
("Grant Funding Award") and shall have no obligation to contribute any sum beyond this maximum amount. The
GRANTEE agrees to fund all remaining costs or sums due for the Project, including all costs in excess of the
anticipated total cost. The GRANTEE will manage the Project and either pay, 0 r incur the 0 bligation f or, a II
Project costs prior to requesting grant funds from the COUNTY. The COUNTY will reimburse the GRANTEE for
all approved costs upon receipt 0 fa payment request from the GRANTEE in accordance with the following
procedures:
A. GRANTEE must submit a Grant Payment Request with all required documentation and
Certification from GRANTEE's Project Manager in the form attached hereto as Exhibit B.
B. In the event GRANTEE does not either complete the Project or payor incur the
obligation to pay Project costs in an amount equal to the Grant Funding Award, prior to the termination of this
Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to Grantee are
hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is extended in writing
by mutual agreement of the County and Grantee.
3. PROJECT MANAGER A ND NOTICES. Each party hereby designates the person set forth
below as its respective Project Manager. Project Managers shall be each party's prime contact person. Notices
or reports shall be sent tot he attention of each p arty's Project Manager by U.S. m ail, postage paid, tot he
parties' addresses as set forth below:
Project Manager for the COUNTY:
Joseph Lupardus
Parks & Recreation Operations Manager
Pinellas County Parks & Recreation Department
631 Chestnut Street
Clearwater, FL 33756
Project Manager for the GRANTEE:
Art Kader
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758
Any changes to the above representatives or addresses must be provided to the other party in writing.
4. CANCELLATION.
A. Pinellas County reserves the right to cancel this Agreement, without cause, by giving
(30) days written notice to the GRANTEE of its election to cancel pursuant to this provision.
B. Failure of the GRANTEE to comply with any of the provisions of this Agreement shall be
considered a material b reach, and shall be cause for immediate termination 0 f the A greement upon written
notice to the GRANTEE.
C. Notwithstanding any other provision herein, in the event that sufficient budgeted funds
are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence and the
Contract shall terminate on t he last day 0 f t he then current fiscal period without penalty or expense tot he
COUNTY.
5. CONTRACT PERIOD. The term of this Agreement shall commence on the Effective Date and
shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
6. PROJECT RECORDS AND DOCUMENTS. Grantee shall, upon request, permit the County to
examine or audit all Project related records and documents during or following completion of the Project.
Grantee shall provide a complete set of copies of all Project records to the County within 60 days of the
completion of the Project. Grantee shall maintain all such records and documents for at least three (3) years
following completion of the Project. All records and documents generated or received by either party in relation
to the Project are subject to the Public Records Act in Chapter 119 F.S.
7. PROCUREMENT REQUIREMENTS. To the extent the Project involves construction or
installation of improvement to real property or the acquisition of equipment, GRANTEE shall observe a
competitive process to secure contractors, subcontractors and suppliers for the performance of work as
authorized herein, which shall at a minimum include soliciting no less than two written price quotations from
prospective bidders or proposers, except for in-kind contributions of commodities or services or when there is
only one practicable or reasonable source for the commodity or service. County shall have the right to audit the
competitive process to ensure adequate competition and a proper audit trail. Grantee shall maintain all
procurement records with Project records and documentation as provided in paragraph 6 herein.
8. INDEMNIFICATION. The GRANTEE shall indemnify, pay the cost of defense, including
attorney's fees, and hold harmless the County from all suits, actions or claims of any character brought on
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account of any injuries or damages received or sustained by any person, persons, or property by or from the
said GRANTEE; or by, or in any way relating to or arising from the Project; or on account of any act or omission,
neglect or misconduct of the GRANTEE; or by, or on account of, any claim or amounts recovered under the
Workers' Compensation Law or of any other laws, by-laws, ordinance, order or decree, except only such injury
or damage as shall have been occasioned by the sole negligence of the County.
9. PUBLIC RELATIONS. Public relations efforts shall be conducted to announce, promote, and
build support for the Project. Acknowledgment of grant funding shall be integral to the public relations effort,
and shall at a minimum, include the posting of signage acknowledging the Grant Funding Award as approved by
the County, in substantially the form attached as Exhibit C.
10. CONSTRUCTION LIENS; MAINTENANCE.
A. To the extent the Project involves the construction or installation of improvements to real
property owned by the County, Grantee shall promptly pay all charges for labor, services and materials used in
connection with said improvements. Construction liens against County property arising out of Project work
performed by or for Grantee are expressly prohibited and in the event of the filing of any Claim of Lien, Grantee
shall promptly satisfy same or transfer it to a bond, and take any further action as is necessary to protect the
County's interest in the real property.
B. Grantee shall at all times be responsible for maintaining, repairing and/or replacing any
Project improvements or equipment funded by the Grant Funding Award.
11. LAW COMPLIANCE. Grantee shall comply with all a pplicable federal, state a nd local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
12. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Project, without the written consent of
the other party.
13. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
14. DISCRIMINATION. In carrying out this Agreement, the Grantee shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion,
sex, national origin, family status or handicap.
15. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and
may be amended only in writing, signed by all parties to this Agreement.
16. INDEPENDENT CONTRACTOR! PROJECT CONTRACTORS. Nothing in this Agreement will
be construed to create, 0 r be implied to create, any relationship between t he COUNTY a nd any contractor,
subcontractor or supplier on the Program, and at all times Grantee is and shall remain an independent
contractor and not an agent of the County.
<SIGNATURE PAGE FOllOWS>
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IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year set
forth next to their signatures below.
PINELLAS COUNTY, FLORIDA
By and through it~ County Administrator
GRANTEE:
By: ~.u~.A.. ~-::iI
City of Clearwater William B. Horne, II,
COUNTERSIGNED: ~
-:/.A41V,p y
~RQqX~ FranK . H1 ar, Mayor
APPROVE TO FO .-~
"li4xkE: Laur9- Lipo ki;.. AssYs-tant City
ATTEST:
City
Manager
Attorney
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
(Corpornte sealt~~l~7Jc~
ATTEST:
By:
(Attesting Witness' name/title)
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Exhibit A
SCOPE OF WORK
AGREEMENT NO. 06REC002
Long Center Limitless Playground Restroom
Construction will include labor and materials to build the restroom, which will include
block walls, concrete slab, framing and roof.
GRAND TOTAL
$ 50,000.00
The Project Schedule shall be the term of this Agreement. All work is to be
completed within the Contract Period.
, ,
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No. _
TO: Pinellas County Parks and Recreation Department
Attn: Joseph Lupardus, Parks and Recreation Operations Manager
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated
, the undersigned
("Grantee") hereby requests payment of the following amounts of the Grant Funding Award:
I. Itemization Of Payments Requested By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
II.
Total Amount Requested herein:
$
III. Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this Request $
Remaining Grant Funding Award Available $
CERTIFICA TION
The undersigned,
, as the
(Name - please print)
of GRANTEE, does hereby certify that the program services D other
itemized in this
payment request has been completed and/or (describe) provided by the GRANTEE, and is necessary of the
completion of the Program as defined in the Grant Funding Agreement.
By:
Date:
(Signature)
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