THERAPEUTIC RECREATION PROGRAM
\:
RECEIVED
APR 0 6 2005
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINELLAS COUNTY
5 THIS AGREEMENT is made and entered into as of the b day of P--c6r~ '
2004, (the "Effective Date") by and between City of Clearwater, whose address is P. 0.- oX 4748,
Clearwater, FL 33758, hereinafter the "GRANTEE", and PINELLAS COUNTY, a political subdivision of
the State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred
to as the "COUNTY").
~'~~.~!~iAL RECORDS AND
d::b-l.::;LATlVE SRVCS DEPT
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 Program 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 recreation program to the COUNTY for funding
consideration under the Year 2004 Program consisting of Therapeutic Recreation Program ("Program")
and
WHEREAS, the COUNTY considers the Program worthwhile and desires to assist the GRANTEE
in funding the Program 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. PROGRAM DESCRIPTION AND COMPLETION SCHEDULE. GRANTEE shall
complete the work/perform the services constituting the Program describ~d in Exhibit A attached hereto
and incorporated herein by reference, including performance in accordance with the Program 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 Program, 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 Program description or Program 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 Program or Program schedule shall take effect only upon the
execution of a written amendment to this Agreement.
2. FUNDING. The parties anticipate the total cost of the Program will be $7,500. The
COUNTY agrees to fund the sum of not to exceed $1,875 for the Program ("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 Program, including all costs in excess of the anticipated total
cost. The GRANTEE will manage the Program and either pay, or incur the obligation for, all Program
costs prior to requesting grant funds from the COUNTY. The COUNTY will reimburse the GRANTEE for
all approved costs upon receipt of a 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 Program or payor incur the
obligation to pay Program 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. PROGRAM MANAGER AND NOTICES. Each party hereby designates the person set
forth below as its respective Program Manager. Program Managers shall. be each party's prime contact
person. Notices or reports shall be sent to the attention of each party's Program Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below:
Program Manager for the COUNTY:
Project Manager for the GRANTEE:
Kathy Swain, APRP
Pinellas County Park Department
631 Chestnut Street
Clearwater, FL 33756
, 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 breach, and shall be cause for immediate termination of the Agreement
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 the last day of the then current fiscal period without penalty or
expense to the 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. PROGRAM RECORDS AND DOCUMENTS. Grantee shall, upon request, permit the
County to examine or audit all Program related records and documents during or following completion
of the Program. Grantee shall provide a complete set of copies of all Program records to the County
within 60 days of the completion of the Program. Grantee shall maintain all such records and
documents for at least three (3) years following completion of the Program. All records. and
documents generated or received by either party in relation to the Program are subject to the Public
Records Act in Chapter 119 F.S.
7. PROCUREMENT REQUIREMENTS. To the extentthe Program 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
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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 Program records and documentation as provided in
paragraph 6 herein.
8. INDEMNIFICATION. The County and the City agree to be fully responsible for their own
acts of negligence, or their respective agents' acts of negligence while acting within the scope of their
authority, and agree to be liable for any damages resulting from said negligence to the extent permitted
by Section 768.28, Florida Statutes. However, nothing contained herein shall be construed as consent by
the County or City to be sued by third parties in any manner arising from this Agreement, or as a waiver of
sovereign immunity.
9. PUBLIC RELATIONS. Public relations efforts shall be conducted to announce, promote,
and build support for the Program. 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.
10. CONSTRUCTION LIENS: MAINTENANCE.
A. To the extent the Program 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 Program 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 Program improvements or equipment funded by the Grant Funding Award.
11. LAW COMPLIANCE. Grantee shall comply with all applicable federal, state and 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 Program, 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! PROGRAM CONTRACTORS. Nothing in this
Agreement will be construed to create, or be implied to create, any relationship between the COUNTY
and 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.
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<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 its
COUNTY Administrator
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;;;;p
By:~eL W~
(Attesting Witness' name/title)
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
GRANTEE:
City of Clearwater, FL.
By: ~.oL~r ~
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[Corporate Seal]
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By F.... :'-. [ }1Ch-~..t-t;?
City erk ~-=-. .
APPROVED AS TO FORM:
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Exhibit A
SCOPE OF WORK
Therapeutic Recreation Proarams
The $1,875 awarded through this grant for Therapeutic Recreation Programs will
be used to allow 23 unincorporated Pinellas County residents to purchase a Play
Pass at the resident rate. This Play Pass will give them access to the fitness
center and the swimming pool for a one-year period. This pass will also allow
them to receive discounted rates on classes and special events.
Specifically targeted will be the residents of On Top Of The World (the senior
citizen community adjacent to the Long Center). The funds will be used on a
first-come, first served basis until the grant money is exhausted.
Program shall be completed within the contract period.
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No. _
TO: Pinellas County Parks Department
Attn:
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
of GRANTEE, does hereby certify that the program
(Name - please print)
services 0 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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Exhibit C
Specifications for Recreation Grant Fundina Recoanition Sians
Grant Funding
Provided by Pinellas County
Board of County Commissioners
(Not to Scale)
Notes:
Sian Characteristics:
1. Verbiage shall be centered on sign.
Material:
Aluminum .024 thick with rounded corners
2. First line shall read: Grant Funding
Sign Length: 18 inches
3. Second line shall read: Provided by Pinellas County
Sign Height: 6 inches
4. Third line shall read: Board of County Commissioners
Lettering:
% inch black vinyl
5. Background color is white, lettering is black
Letter Font: Arial
6. Lettering shall be case sensitive, not all capitals
7. Each word (except by and of) shall be capitalized