MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

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1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 ANNE SCOTT Commissioner, District 3 September 15, 2016 Telephone: (772) Fax: (772) nikkiv@martin.fl.us Laurie Gaylord Superintendent School Board of Martin County Warfield Extended Day 500 E. Ocean Blvd. Stuart, FL SARAH HEARD Commissioner, District 4 RE: Indiantown Community Trust Fund Grant JOHN HADDOX Commissioner, District 5 TARYN KRYZDA, CPM County Administrator MICHAEL D. DURHAM County Attorney Dear Superintendent Gaylord: Congratulations on your grant award from the Indiantown Community Trust Fund in the amount of $1,250 to assist in funding enrollment fees at Warfield Extended Day. This award was approved by the Martin County Board of County Commissioners on September 13, The grant funds will be available beginning October 1, Please find enclosed two copies of the grant contract for your review and signature. Please sign both contracts, have them notarized and return both copies of the contract to the Growth Management Department. After execution of the contracts, we will send you a signed copy for your file. Funds cannot be awarded until this contract is executed. You may send requests for disbursement and quarterly reports as outlined in the terms of the contract to my attention. TELEPHONE WEB ADDRESS Thank you for the work you do on behalf of the citizens of Indiantown and Martin County. Please do not hesitate to contact either Peggy Jennette or myself if you have any questions. Sincerely, Nicki van Vonno, AICP Growth Management Director NvV:pj Enclosures cc: Patrick Murray, Lead Coordinator, Extended Day 1 of 17 gmd2016l653.docx

2 GRANT CONTRACT This Contract made as of October 1, 2016 by and between Martin County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and School Board of Martin County, Warfield Extended Day, (hereinafter referred to as the "Recipient"). BACKGROUND: 1. Recipient has applied to the County for a grant of money ("Grant") beginning October 1, 2016 and ending on September 30, 2017 upon approval of the award on the terms and conditions set forth herein. 2. The County has agreed to provide such Grant funds in the amount of $1,250 for the Grant Period on the terms and conditions set forth herein. NOW, THEREFORE, in accordance with the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1.0 Disbursement and Use of Funds 1.1 Disbursements for the Grant Period will be made on a reimbursement basis only, in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 The Grant shall only be used for the purposes set forth in the Grant Application, attached as Exhibit "B" and incorporated herein by this reference. 1.3 The recipient shall maintain adequate internal controls in order to Safeguard the Grant. 1.4 If the Recipient cannot use all or any portion of the Grant after the Grant has been disbursed, then all unused funds must be promptly returned to the County. 1.5 On an annual basis, the Recipient shall submit to the County either: a) an Audit Report if grant funds exceed $50,000; b) a Review Report if grant funds are between $25,000 to $50,000 (or an Audit Report if available); or c) a Compilation Report if grant funds are below $25,000 as each of the foregoing terms is defined by the American Institute of Certified Public Accountants (AICPA). 1.6 In the event the Audit Report, Review Report, Compilation Report, or financial records reveal that the Grant funds were not used for the 1 of 9 2 of 17

3 purposes set forth in the Grant Application, then the County may require the Recipient to return all unused funds and reimburse the County for improperly used funds. 1.7 The Recipient shall maintain adequate records to fully document the use of the Grant funds for at least three (3) years after the completion of this Contract. The County shall have access to books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours, at the County's expense, upon five (5) days prior written notice. 1.8 The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the provisions of Chapter 119, Fla. Stat. (Public Records Law) and shall provide access to public records in accordance with Sec , Fla. Stat. 1.9 Reports The recipient shall submit Quarterly Performance Reports to the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. The recipient shall submit an Annual Performance Report, for the Grant Period by December Transfer Of Funds Between Budget Categories Recipient may transfer funds between budget categories as long as the total amount of transfer (increase or decrease) does not exceed ten (10) percent of the total approved budget category and the transfer is made to an approved budget line item Prior Written Approval Of Changes To The Contract Recipients shall obtain prior written approval from the County for the following changes to the items set forth in Exhibit B and failure to comply shall be cause for the County to terminate this contract pursuant to Section 4.0 hereof: a. Change in project activities, or plans set forth in the approved Grant Application; b. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the County Administrator or his designee. 2 of 9 3 of 17

4 c. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 2.0 Indemnification 2.1 The Recipient shall indemnify and save harmless and defend the County, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, servants or employees in the performance of services under this Contract. 3.0 Availability of Funds 3.1 The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Martin County. 4.0 Termination 4.1 This Contract may be terminated by either party in the event of a substantial failure by the other party to perform in accordance with the terms of the Contract upon thirty (30) days prior written notice. 4.2 In the event the County terminates this Contract, the Recipient shall return all funds not used as of the date of termination to the County within ten (10) calendar days. 5.0 Notices 5.1 Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (i) Hand delivery to the other party; or (ii) (iii) Delivery by commercial overnight courier service; or Mailed by registered or certified mail (postage prepaid), return receipt requested. 3 of 9 4 of 17

5 5.2 For purposes of notice the addresses are as follows: Recipient: County: Laurie Gaylord, Superintendent Martin County Administrator School Board of Martin County 2401 S.E. Monterey Rd. Warfield Extended Day Stuart, FL E. Ocean Blvd. Stuart, FL With Required Copies to: County Attorney Contact: 2401 S.E. Monterey Rd. Patrick Murray Stuart, FL Lead Coordinator, Extended Day and School Board of Martin County Office of Budget and Finance 500 E. Ocean Blvd S.E. Monterey Rd. Stuart, FL Stuart, FL Notice given in accordance with the provisions of this paragraph shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered as the case may be if mailed. 6.0 Successors and Assigns 6.1 The County and the Recipient each binds itself and its respective successors, administrators and assigns to the other party of this Contract and to the successors, administrators and assigns of such other party. 6.2 Neither party shall assign or transfer its interest in this Contract without the prior written consent of the other, which consent shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County or the Recipient. 7.0 Remedies, Choice of Law, and Enforcement Costs 7.1 This Contract shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Contract shall be instituted in Martin County. 4 of 9 5 of 17

6 7.2 No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right,power, or remedy hereunder shall preclude any other or further exercise thereof. 7.3 If any legal action or other proceeding is brought for the enforcement of this Contract or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the parties expressly agree that each party will bear its own attorney s fees. 7.4 The parties expressly and specifically waive the right to a jury trial as to any issues in any way connected to this Contract. 8.0 Nondiscrimination The Recipient warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, physical handicap, sex, age, national origin or ancestry. 9.0 Entirety of Contract This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be based upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in written document executed with the formality and of equal dignity herewith Severability If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Contract, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 5 of 9 6 of 17

7 11.0 Captions Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of this Contract Provision. IN WITNESS WHEREOF, the parties have caused the execution of this Contract by their duly authorized officials as of the day and year first written above. ATTEST: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS CAROLYN TIMMANN CLERK OF THE CIRCUIT COURT AND COMPTROLLER ANNE SCOTT, CHAIR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MICHAEL D. DURHAM COUNTY ATTORNEY SCHOOL BOARD OF MARTIN COUNTY WARFIELD EXTENDED CARE BY: LAURIE GAYLORD SUPERINTENDENT 6 of 9 7 of 17

8 CORPORATE ACKNOWLEDGMENT (NON-PROFIT) STATE OF FLORIDA COUNTY OF MARTIN The foregoing instrument was acknowledged before me this day of 2016, by, as of a Florida not for profit corporation, on behalf of the corporation. He/She is personally known to me or has produced a driver's license issued within the past 5 years as identification. NOTARY PUBLIC SEAL Notary Public, State of Florida (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 7 of 9 8 of 17

9 EXHIBIT "A" DISBURSEMENT SCHEDULE Disbursement of funds in the amount of $1,250 to assist with funding enrollment fees for 27+ children, will be made on a reimbursement basis only. Disbursement of funds will be made upon receipt of proof of payment or other receipts demonstrating expenditure of the amounts requested for reimbursement. Reimbursement may be requested no more than one time per month during the grant period. 8 of 9 9 of 17

10 EXHIBIT B APPLICANT S APPLICATION 9 of 9 10 of 17

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