LONG CENTER BOUNDLESS PLAYGROUND
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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 ~ Ly-f ,
2005, (the "Effective Date") by and between City of Clearwater, whose address is . O. Box, 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").
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 2005 Program consisting of the purchase of a boundless playground
("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 described 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 $50,000. The
COUNTY agrees to fund the sum of not to exceed $50,000 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 attactied 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 setforth
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:
Program Manager for the GRANTEE:
Kathy Swain, APRP
Pinellas County Park Department
631 Chestnut Street
Clearwater, FL33756
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 extent the 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
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
2
'- "
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 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
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 Program; 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 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, in substantially the form attached as Exhibit C.
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 CONTRACTORl 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.
<SIGNATURE PAGE FOllOWS>
3
"
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
~~.~
~ ~
Stephen M. Spratt
~
r
By:, ~dL
(Attesting Witness' name/title)
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
GRANTEE:
By: See attached signature page.
Mayor
[Corporate Seal]
ATTEST:
By:
(Attesting Witness' name/title)
4
Additional Signature Page to
Grant Funding Agreement
between
City of Clearwater
And Pinellas County
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ~"3{::.
William B. Home II
City Manager
-:/~.,.c / ~
~ v. Hibbard '
Mayor
Approved as to form:
Attest:
Laur Lipowski
Assi tant City Attorney
Exhibit A
SCOPE OF WORK
AGREEMENT NO. 05REC002
Lona Center Boundless Plavaround
The $50,000 awarded through this grant for the Long Center Boundless Playground
will be used to purchase the actual playground to be installed a the park. Other
funding will be used to construct the sidewalks, park amenities, benches, picnic
tables, lighting, etc. Based on preliminary estimates, the cost of all of the
playground equipment will be $150,000 to $200,000.
In general the project will include 5 slides, 5 covered playground deck areas, 3 tot
swings, 3 strap swings, 3 ramps, 10 play panels, including steering wheel, sign
language, stone wall panel, crazy mirror, etc., 5 climbing pieces, 4 balance bars and
mushrooms, 3 stairs, 2 handicap swings, 1 slide swing, and other miscellaneous
play pieces.
.. ~ t t.
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No. _
TO: Pinellas County Parks and Recreation Department
Attn: Kathy Swain. Parks and Recreation Operations Manager
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated
I 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 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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