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OLD CLEARWATER NEGHBORHOOD IMPROVEMENT OR COMMUNITY- BUILDING PROJECT " I I City of Clearwater Weed & Seed CAN-DO Mini-Grant Program AGREEMENT BETWEEN CITY OF CLEARWATER AND OLD CLEARWATER BAY NEIGHBORHOOD ASSOCIATION THIS AGREEMENT is made as by and between the City of Clearwater (the CITY) and Old Clearwater Bay Neighborhood Association(the GRANTEE). WHEREAS, the CITY has allocated grant funds from the U.S. Department of Justice - Executive Office for Weed & Seed for the purpose of revitalizing low- and moderate-income neighborhoods through the Weed & Seed CAN-DO Mini-Grant Program, and WHEREAS, the GRANTEE has submitted a proposal for a neighborhood improvement or community-building project (the Project); NOW, THEREFORE, the CITY and the GRANTEE, agree as follows: RESPONSIBILITIES OF THE GRANTEE 1. The GRANTEE shall: A) Carry out all aspects of the approved Grant Application (the Application) as submitted and approved by the CITY including: 1) Obtaining and providing a RECEIPT to the CITY, in the form attached hereto for only those materials and supplies identified and submitted with the Application and as further identified in the CITY'S purchase order for the purchase of such materials and supplies from vendors selected by GRANTEE; 2) Obtaining such materials and supplies from the identified vendor as submitted in the Application; 3) Obtaining all required permits for the project including building permits from the City of Clearwater Planning & Development Services and Public Works Administration; 4) Be responsible for obtaining, receiving and transporting all materials for the purpose of the project; 5) Providing security for the project materials and supplies at the project site; 6) Being legally responsible for any unpaid labor performed or unauthorized materials and supplies purchased and used in the performance of the project; 7) maintaining time and attendance records for all volunteers who participate in the project and deliver those records to the CITY'S COORDINATOR, Tom Mudano, within one week of completion of the project; 8) place a "SUNSHINE" CALL TO 1-800-432-4770 at least 48 hours before engaging in any digging in the ground for the purpose of having any underground utility lines marked as required by Florida law (be prepared to provide the company name & address, the contract person's name, telephone number, and call-back hours, the county and city, the location address, the type of machinery or digging tools to be used, whether any permit is needed, the work to be done, and the type of work to be performed); Page 1 of 3 .I " B) Notify the CITY of any Jaterials and/or supplies that are not requJed for the project and return such items to the vendor within one week of completion ofthe project; Notify the CITY of any changes in scope ofthe project in writing four weeks prior to the start; Notify the CITY of the date the project will begin and the anticipated end date three weeks prior to commencement of the project; and E) Complete all aspects of the approved project by September 15, 1999 and have all unused materials returned to the original vendor no later then September 22, 1999. C) D) 2. The CITY shall: A) Contact the vendors identified in the approved Application within two weeks of execution of this Agreement to establish accounts in the name of the CITY for the purchase by the CITY of the materials and supplies to be used by GRANTEE in the performance of the project; B) Authorize the Purchasing Coordinators of GRANTEE identified in the Application to pick up and receipt for the materials identified in the Application from the vendors; C) Pay all costs of materials identified in the approved Application directly to the vendors for goods and services utilized in the project; D) Pay all CITY Permit fees associated with the project (if applicable); E) Withhold from the grant funds of any specific project approved by the City all sums necessary to pay sales taxes, use taxes, and any other taxes that may be due and owing that arise out of or as a result of performance of the project. TERMINATION OF THE AGREEMENT 1. This Agreement shall end on September 30, 1999. This time limit may be extended at the City's discretion if requested in writing. 2. The City may at any time terminate this Agreement if it decides that it is in the public interest to do so. 3. Either party may terminate this Agreement prior to commencement of the project upon ten days prior written notice. OTHER CONDITIONS 1. The GRANTEE undertakes that no person shall, on the ground of race, color, sex, national origin, or disability, be excluded from employment or participation in, or benefits of the Project. 2. The GRANTEE shall indemnify and hold the CITY harmless from all claims, damage, expense, costs and liabilities, including workers' compensation claims, personal injuries, death, and property damages, due to activities of the GRANTEE in carrying out the project. 3. The CITY may at any time inspect the progress of work on the project. 4. The provision of time records by Grantee, as provided for above in Responsibilities of the Grantee, paragraph 7., shall not be construed to render Grantee or others performing work on the project volunteers for workers' compensation purposes, nor shall Grantee or others performing work on the project be considered employees of CITY for any purpose. 5. Exhibit A., Grant Application, is attached hereto and incorporated herein by reference. 6. Cost principles to be used in implementing the Project are as set forth in DOJ Manuals and CITY purchasing policies. 7. The dollar limitation for the Project is $4855.00 [required by DOJ Manual]. Page 2 of 3 .M I , IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the day and year first written above: CITY OF CLEARWATER, FLORIDA Countersigned: 1 By: Michael J. Roberto, City Manager Approved as to form: Attest: (Old Clearwater Bay) By: (Beth Goodgame - Current r Witness Tom Mudano - Neighborhood Services Manager Page 3 of 3 jJJ I City of Cleatwatet I Weed & ~eed CAN-DO Matching Gtant~ Ptogtam A~~lic~tion J:otm J:Y 1999 The applicant(~) ~hould btiefly explain the ptOpo~ed ptOlect indicating the benefit~ expected and include a budget cleatly ~howing cod-~hating itern~. Cod-~hate can be in-kind ~etvicas a~ well a~ fund~ ~et a~ide specifically fot the ptolect. The ~ucc~~ful applicant will ~upply the infotrnation tequasted by using the ~pace ptovided on the application fotrns. ~ubrni~~ion Deadline: All applicgtion~ rnud be teceived by July 2, 1999, NO LAT~R THAN 4:00 p.rn. Applications ate to be deliveted to: Putcha~ing Depgttrnent - 100~. Myttle Avp.. - god I=loot. ~ubrnit (1) unbound otigingl gnd (5) copi~ of the application fotrn~. Type Ot ptint cleatly an~we~ to the following quastion~ in the ~pgcas ptOvided. 1. NeighbothoodlOtganization: OLD LU~:,A(L\L"$.T-EQ.. fbA.'i ~EtGt\ roi2-t\coD AS5~. \ 2. Narne, addtas~ & phone nurnbe~ of ptOlect cootdinatot: A) Narne:~ETt-\ \L. GcoDbA% B) Mailing Addtas~: \ 1 ~ '2- <;)O\...:hEl \)\'21 VE D) Phone (Horne): LI i to - ?:4 S- \ (Wotk): I=~DID#:20\-qg -' 5(Q~5 (I=ax): iLl ~-~Lj'z.s C) City: Cl~b..Q..\}..)t:.. ~'iL- Zip: ~~15"S- g. Putchaging Cootdinatotg: (Note: Thase ate people who will be dasignated to handle putchasing of equiprnent gndlot guppli~ fot the ptOlect and dasignated as authotized putcha~e~ with local neighbothood vendo~ fot the ptOlect): A. Putchasing Cootdinatot #1 Narne: ~€T~\ ~. LcDO{:)!>...t{:t'; Phone:-14~ - ~4S::\ Phone: 44 z... ~ 1 ~ B. Putcha~ing Cootdinatot #2 Narne: ,je; FF Mc...lL\\...)Wt)' 4. Matching I=unds Requast A. Arnount of rnoney tequ~ted horn City: $ 4~ s 4 . 00 Total PtOlect cod $ -' ~2-o~ .00 B. Arnount of rnatch $ 8 35"5".00 PtOlected # of volunteet hou~ ~ 2- L\: 5. ~hott ptolect dasctiption: ~,l\\)1\ FlcA\\O\-J OF' 'S1J10fb \)lZ.::;r- coulL, ?A\2......L IJ0 ,1"1\ \.,~~...y1) ~cA Vl\..)G L O\..:..>"~ Q...vcno\-\ OF Sl6;'\ \ ~D L G.t\\\ ~G +::t...:'iTtU Wet \\...)\0 '" 0 LD L. L-'E:'P- \2.. \JJ P. ~ p..p.. '( ~ -H 6l C:M. e::o 12..... +\..00 D Complete this page front & back, remove from packet and submit with all application .:t \J P.l-0 t: \}O L- v \2reOL -\-\0'.; >L S ~ 2.. q, 0 C2.S- .t \jJ.\\-v€ o..St-\ -\- \~~\"-.'D t\\ \S~ 6: . ~hat is~uas will the ~tolect addtass'? lheclc ON~ categoty that bast d~ctib~ the issJ yout ~tOlect will addt~s. o Youth 0 Ctirne & Dtug~ ~ Beautification 0 ~k1I1~ Delleloprnent 0 Othet 7. How rnany neighbothood tasident~ will be inllollled in cattying out the ptolect'? A I L,~ I\. '::, f 53, CZ. Whattask!:willtheycornplete'? ClFt\I0\\..)l? Pb.e..lL AYZ:E;A.) Vr1..EfA\2...\I0G ".:;;alL- :VaIL SPe...lI0ILLBl2.:>, rL.J\\..JT\\.JG') PM~\ \0l? \:)~lSnu:o \..DJ:>.LL':> , \,,~e;YMtHjb \.\.J~ W+\ULt, UZ:J>.cJLe-o i Ik.iSIALL I ,;PVU\..)ILLt:\L '<>'f':l~t-\ \\0ST~lL VLAlJT". \l.J~ThlL'X>D (b~STlLl)CT PlLlArLS . P./l.l\..J\ YAlLILl"xN \ I . l l 9. . What is the benefit of yout ptolectto thetasident~ ofthe nelghbothood'? "\ (:) A.D D Pe...lOt: A-\-JD PL:tA~U{2..t 1'0 OU1',-" DmGt-\,6:~+\ooD ValL 1Ge:<:'1 DOJ\~ \}Jt\o ~l\\}E' C~.\.~J..J To-\WE:" \ 10 l+\\S Ae.FA to. Dasctibe how the funding will be ~pent ~ 7~\ 10 ~l€'e..- \ 10 '7TA-LLH.) \0 I 1'L.Al:ii',) I Y,b.UJi' 1+ S0YfUe-.::> / (b\-.)(..\L~ f; Lcc...iL + Le-ttWI fo Q.... "PtLLl\.ILS I Ill. e:: ~b.r\,~ P U\.i6 fbC2-- \J~LLAIL, ~D l M..u LLl-l. ere.. 11. What IIendots halle you contacted that ptollided cod astirnatas fat the ptOlect (Attach additional pag~ if tequited)'? ?Lb.~T<:' l A) Narne of Vendot 1\.Ot1.t: O€'PcT P t;\U01 I ";,D 0 Contact Pe~on: \LAm,\ ' K.-Erl\ CA K. P Mt \Gt bj"SS Mailing Addtass: 2 \ b { 0 \j ') +l \i.) 'i \ C\ \-\ 0\2.. n.\ \ City: ll~MLW h.wL- Zip: ~~ 1 CO') Phone: 12 Cj - 5D 2.. '2... B) NarneofVendot 17e:ciLGT'f l.Ak..C 10\.)\2..~1_ContactPe~on:Q.oOOL\ UJ.b.LL}..L:€' Mailing AddtC!.S~: '2..l') \ 'N\.O\.JTCLAUL 'K-P City: GLBP.'(L,\)) t;. Tt"iL Zip:~? 1 Co ~ Phone: 1 q ~- lq t;)O 12. Attach co~t astirnate IIetifying putchasas tequited fat ~tolect: 1 g. Attach photo~, dtawing~, Ot othet typas of suppottlng rnatetial if needed. 14.. ~ubrnitted By: PJ-e:-'n-l \L-. GbODGAti-t: Date: ~ J IJ we 2... q, \ q q C\ APPLICATION CH~CKlI~T o OM (1) unbound otiginal and fivB (5) bound cop;~ o ~ignatut~ of OWnBt!: adjacBnt to ptopo!:Bd PtOjBCt (If tBquitBd) o Co!:t ~timat~ ftom vBndot!: o ComplBtBd A~plication J:otm &. all attach~Bnt!: (i.B. photo!:, map!:, plan!:, BtC.) I ADOPT A PARK PERMIT I Old Clearwater Bay Neighborhood Association Permission and authority are hereby given and granted to Old Clearwater Bay Neighborhood Association whose address is P.O.Box 8204, Clearwater, Florida 33758, to provide and install landscape material, fencing and decorative entry way features, and to maintain said material in the right of way and Sunburst Park located at Sunburst Court and North Fort Harrison (see attached aerial), subject to the following terms and conditions: 1. Permit Holder, prior to beginning work, shall submit a plan to the City of Clearwater for approval. The City will review the plan as it relates to the design and types of landscape and construction materials, the impact on utilities, consideration of site distance problems, etc. Specifications for the size and installation of the landscape material shall be included with the plan. 2. Permit Holder, upon completion of the entry way improvements, fencing and landscape material, shall assume all responsibility for maintaining the material, installed by the Permit Holder, in accord with the design criteria of the plan. 3. Permit Holder shall be responsible for the installation or renovation of any new irrigation system/ s that may be associated with the project. The use of an irrigation system and its design must first be approved by the City. If approved, the Permit Holder shall be responsible for associated costs including meters, wells, backflow prevention devices, pumps, electrical service, etc. 4. Permit Holder and City shall be responsible for special conditions attached to this permit. 5. City shall continue to be responsible for the maintenance of grass, trees, and an irrigation system if such system is existing and operating prior to the planting project. 6. City shall pay monthly water and electric bills for approved systems. 7. City, at such time as the Permit Holder may discontinue maintenance, reserves the right to maintain the landscape material and entry way improvements or to remove same as may be appropriate, at its sole discretion. 8. Permit Holder(s) shall defend indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the performance of installation or maintenance tasks related to landscaping or landscape material or entry way improvements by Permit Holder(s) and his/her employees, contractors or agents, including legal fees, court costs, and other legal expenses. Permit Holder(s) acknowledge that he/she is solely responsible for complying with the terms of this permIt. The Association further agrees to Page 1 of 3 jrJ I ADOPT A PARK PERMIT I Old Clearwater Bay Neighborhood Association immediately obtain a policy of insurance in the amount of $500,000, which policy shall name the City as one of the insureds, and such policy shall protect the City from all property damage and personal injury claims made by third parties by reason of the structure being located on public property or relating to the performance of landscaping or maintenance tasks by the Association with regard to this project. A copy of such policy of insurance shall be provided to the City for its review and approval. The City recognizes and appreciates the contributions of the Permit Holder in this landscape effort. This permit may be revoked at any time by the City Manager of the City of Clearwater, Florida. By execution and acceptance of this permit, the Old Clearwater Bay Neighborhood Association (Beth Goodgame, Current President) acknowledges having read same and represents that she has the authority to execute this permit and fully agrees to all the terms and conditions contained herein. Approved By: ---- Risk Manager ?jq119 I Dated Note: This permit not valid until executed by the City Mana~er. City of Clearwater. U:/Tmudano/OCB - Adopt a Park Agreement & Attachment99 Page 2 of 3 c . I ADOPT A PARK PERMIT 1 Old Clearwater Bay Neighborhood Association SPECIAL CONDITIONS FOR INSTALLATION AND MAINTENANCE Permit Holder: . Any damage occurring to the permitted landscaping or entry way features from vehicles, weather, vandals, etc., should be rectified within 20 working days of written notice to the permit holder from the City. Failure to repair the damaged landscaping and entry way features within the time frame will be considered "discontinuance of maintenance." . Any changes to the approved plan must be resubmitted to the Parks and Recreation Department for approval prior to changes being made. . Any contractor hired by the Old Clearwater Bay Neighborhood Association to perform this work must secure all building and right-of-way permits. . A work schedule should be submitted to the City prior to commencement of work in the right-of-way areas and realistic time frames set for the construction of the entry way features. City: . Where applicable, the City will waive permit and building fees. . Trees damaged will be replaced or repaired by the City. . The City will repair damaged turf. . The City will repair irrigation system. . The City will install effluent water lines when available. Page 3 of 3