CONSTRUCTION OF A COMPANION RESTROOM
- _i
RECEIVED
APR 0 6 2005
AGREEMENT NO. 04REC003
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWATER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the li day of ~~ '
200{ (the "Effective Date") by and between City of Clearwater, whose address is P. O. B 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").
OFF!C!AL RECORDS AND
U:GISlA riVE, 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 ("Program") provides support for and access to
active recreation opportunities for residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE proposed a project to the COUNTY for funding consideration under
the Year 2004 Program consisting of the construction of a companion restroom ("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 venture 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. The parties anticipate the total cost of the Project will be $35,000. The
COUNTY agrees to fund the sum of not to exceed $8,750 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, or incur the obligation for, all Project 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:
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A. GRANTEE must submit a Grant Payment Request with all required
documentation and the Certification from GRANTEE's Project Manager in the form attached hereto as
Exhibit B.
B. If the Project includes construction or installation of improvements on or to real
property, GRANTEE will also provide a sworn statement by a Certified Engineer, Architect, or other
qualified professional attesting to that the improvements have been completed in accordance with the
plans and/or specifications, and the percentage of completion of the Project or portion thereof for which
the Grant Payment Request is being submitted.
C. 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.
D. Upon completion of the companion restroom, the GRANTEE may submit for
reimbursement of actual amount, not to exceed the total maximum commitment of $8,750. The
GRANTEE shall not use any COUNTY funds for any purposes not specifically identified in the Project.
3. PROJECT MANAGER AND 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 to the attention of each party's Project Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below:
Project 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) day's 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.
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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. 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 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 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. 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 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 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.
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16. INDEPENDENT CONTRACTOR/PROJECT 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 Project, 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 its
COUNTY Administrator
GRANTEE:
City of Clearwater, FL
fioun~ ---
ATTEST:
By:~dL-, ~
(Attesting Witness' name/title)
~~Y,~
[Corporate Seal]
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
ATTE~
BY:- ~. ~~p. 11.
City C rk
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APPR
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Exhibit A
SCOPE OF WORK
Companion Restroom
The $8,750 awarded through this grant for the companion restroom will be used
to purchase all of the fixtures including toilet, shower, lavatory, paper towel and
toilet dispensers, tile for the floor and walls, paint, lights, door and labor for
installation.
Improvements will 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 Made/Obligated By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/ architect/engineer certificates)
$
$
$
$
Due to:
Due to:
Due to:
Due to:
II.
Total Amount Requested herein:
$
III. Funding Recap:
$
$
Amount of this Request $
Remaining Grant Funding A ward Available $
Total Grant Funding Award
Amount of Previous Payments
CERTIFICATION
The undersigned,
, as the
(Name - please print)
of GRANTEE, does hereby certify that the D work D services D other
(describe)
itemized in this payment request has been completed and accepted by the GRANTEE, and is
necessary for the completion of the Project as defined in the Grant Funding Agreement.
By:
Date:
(Signature)
Exhibit C
Specifications for Recreation Grant Funding Recognition Signs
Grant Funding
Provided by Pinellas County
Board of County Commissioners
(Not to Scale)
Notes:
Sign Characteristics:
1. Verbiage shall be centered on sign.
Material:
Aluminum .024 thick with rounded corners
2. First line shall read: Grant Funding
3. Second line shall read: Provided by Pinellas County
Sign Length: 18 inches
4. Third line shall read: Board of County Commissioners
Sign Height: 6 inches
5. Background color is white, lettering is black
Lettering:
% inch black vinyl
Letter Font: Arial
6. Lettering shall be case sensitive, not all capitals
7. Each word (except byand of) shall be capitalized