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HomeMy WebLinkAboutVII (B) Discussion/Action re: Most Valuable Partnerships (MVP) Neighborhood Matching Grants Agenda 3-16-99 Item VII B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT OCOeA COMMISSIONERS o'` CITY OF O C O E E DANNY HOWELL ••�� >i 150 N.LAKESHORE DRIVE SCOTT ANDERSON �v.....r � O. SCOTT A.GLASS C• o OCOEE,FLORIDA 34761-2258 NANCY J.PARKER (407)656-2322 O .1►V CITY MANAGER ELLIS SHAPIRO Of4 G00v``� Staff Report Date: March 10, 1999 To: The Honorable Mayor and City Commissioners From: Janet G. Shira, Community Relations/Projects Director Subject: Most Valuable Partnerships (MVP) Neighborhood Matching Grants Grant Awards to 1999 Recipients At the February 16 City Commission meeting, the Commission unanimously approved funding the six applicants for this year's MVP Neighborhood Matching Grants. To stimulate interest in the program and to encourage the people who took the time to apply, the Commission approved funding all the cash necessary for the six projects, up to the $2,500 maximum grant amount. In other words, this year the "matching requirement" is equal to whatever cash is necessary above the $2,500 to complete the project, any partner contributions, and the volunteer hours each neighborhood provides. This meeting, staff is requesting approval of the award agreements (authorization for the Mayor and City Clerk to execute) together with the presentation of the grant funds to each applicant. The award agreements between each applicant and the City are attached. The last page of each agreement is a summary of the project. Also attached is the addendum to the February 9 staff report which lists the total cost of each project. The City's cash contributions are as follows: Coventry at Ocoee $ 1,972.00 Lake Olympia Club $ 2,500.00 Richfield Subdivision $ 1,250.00 Shoal Creek $ 800.00 Sleepy Harbour $ 2,500.00 Wesmere $ 2,500.00 City's Total Cash Contribution: $11,522.00 To complete the projects, the various homeowners' groups have agreed to provide$6,260 worth of volunteer hours, an additional$5,239 in cash, and$500 in in-kind contributions for a total contribution from the neighborhoods of $11,999.00. Although the City funded the projects differently this year, the overall result was a 50-50 match looking at the City's contribution and the total neighborhood contributions. 61[.. y a Page 2 MVP Grant Awards Staff Report March 10, 1999 The neighborhoods will all be in attendance at the March 16, 1999 City Commission meeting to accept their awards. They have also been provided the necessary paperwork to file for their monthly and final reports, for auditing purposes. As part of their projects, the neighborhoods will have work days and take photographs of their projects to provide an historical perspective. These photographs will be compiled at the end of the year in a booklet similar to last year's effort. We also plan to have another MVP Party in October so that all the neighborhoods can share with one another and show the results of their labor to City officials, staff and other interested residents in Ocoee. cc: Ellis Shapiro, City Manager Wanda Horton,Finance Director MVP Grant Applicants Memorandum Date: February 15, 1999 To: The Honorable Mayor and City Commissioners From: Janet G. Shira, Community Relations Director a ✓ � Subject: Addendum to Neighborhood Grants Staff Report A request was made for additional information on the neighborhood grant applications which were received for this year's program. Below please find a summary of the projects and their corresponding costs. Most Valuable Partnerships Neighborhood Matching Grants Applications Received For 1998-1999 Neighborhoods and Cash Needed Volunteer Hours Pledged In-kind Contribu- Total Project Cost Project Summaries tions from the Neighborhood Coventry at Ocoee $ 1,972 36 X $10 = $ 360 $ 400.00 $ 2,732 Replace front entrance signs and upgrade landscaping. Lake Olympia Club $ 2,869 101 X $10 = $ 1,010 $ 3,879 Paint walls and signs at entryways and upgrade landscaping. Also, install community information sign. Richfield $ 1,250 30 X $10 = $ 300 $ 1,550 Install new sign on eastern entrance to subdivision. Shoal Creek $ 800 53 X $10 = $ 530 $ 1,330 Redesign irrigation system at front entrance and replace sod. Sleepy Harbour $ 3,370 343 X $10 = $ 3,430 $ 100.00 $ 6,900 Replace dock at waterfront park and create new beach area. Wesmere $ 6,500 63 X $10 = $ 630 $ 7,130 Upgrade playground equipment to meet standards. TOTALS $16,761 $ 6,260 $ 500.00 $ 23,521 If the City contributes the cash needed for each project (up to the maximum grant of $2,500), then the City's portion would be $11,522. The neighborhoods would then contribute $11,999, which is the total of the volunteer hours, the in-kind contributions, and the cash for those neighborhoods who need more than the $2,500 to complete their projects. If you have any questions, please do not hesitate to call me. MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this atilt' day of ind1&Cik , 1999, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and 6t/e-NTRY AntEriE7e3' ASSOCJ•°-nosi , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter"Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. t _- 2. Grant: The City hereby awards ea nittg.Y �FOWNeta' &gat. a Program grant in the amount of$ I/ 9772 . 0 O . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ /vO 8nsIf /110-7-6 ti- Rau 11eE0 . 4. Labor: Grantee further agrees to provide .i4' volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than /1I21 L 30 , 1999. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on I%IAiCN I(o , 1999, and shall be completed by September 30, 1999. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15`h calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: JPneaie_ 7.."f"'rp acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: e- Rose, ..5 53 poeaiL 1Dci/e Qc o CC , Ft crc i c & 317(o I Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 1999. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: • :i nature of Applicant ..Jean-cme_ - err j7 Print Name 6 Exhibit A 1999 MVP Neighborhood Matching Grants Program Coventry at Ocoee Homeowners' Association Front Entrance Sign and Landscaping Replacements This project will replace the existing subdivision signs which have become weathered and decayed over the years. The new signs will have larger lettering which is also something the residents would like. The landscaping materials in and around the entrance areas are also inappropriate for the space and some have died as a result. The homeowners' association wants to hire a professional landscape architect to recommend what should be planted in this area in order for it to look good and be easily maintained. MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this hi day of MOJ)Ut'` , 1999, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Loc. %ripi . Nub 1-611tcamW1Q)cs• assoc • , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards mkt Okj1 vi& Club to ncrs &sm. • a Program grant in the amount of$ x,500 . 00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 3 (0 • 00 4. Labor: Grantee further agrees to provide /01 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than Aff I i 3 0 , 1999. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on Mirth 1(, , 1999, and shall be completed by September 30, 1999. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: AIidCo 10-8 Vkj& '° acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: N t f.10I a 3 Pagano P. O . C3o X (051 Ocoee, Fl.or;d.a- 3 47(01 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 1999. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: ignatu e of Applicant kii014.41' Print Name 6 Exhibit A 1999 MVP Neighborhood Matching Grants Program Lake Olympia Club Homeowners' Association Improvements to Entrance Landscaping and Walls and Installation of Message Board This project will improve the entrance landscaping and appearance of the wall along Clarke Road. The island on Olympus will be landscaped as well as the entrance along Clarke Road. The wall along Clarke Road will be painted. The message board is to notify homeowners of meetings and to improve communication and is on Olympus Drive. MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this ( day of (YWCA,WQJ?CA. , 1999, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and ' ( hQie td `&tb 1 %J Si67) , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards RiChf GId Skbcti v siert C/o Odessa 13o4ger a Program grant in the amount of$ 1.)&50• 00 . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ A 0 .i ■ II :i C- a t IR.- • 4. Labor: Grantee further agrees to provide 30 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than Peril 30 , 1999. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on Moxt. 1 I (to , 1999, and shall be completed by September 30, 1999. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above.` , 19. Receipt of Information/Forms: O�_SSG- O0wSer acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Odessa. 13ouJS€c azo c S fr ir eta Ocoet. , Flocicka 341(91 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 . 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 1999. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 Exhibit A 1999 MVP Neighborhood Matching Grants Program Richfield Subdivision Homeowners' Group New Sign at Eastern Entrance to Subdivision This project will provide neighborhood identification, specifically where the Richfield and Coventry subdivisions meet. The main entrance to Richfield subdivision is from Johio Shores Road, where there are currently entrance signs on the brick wall. This additional sign would be placed on the opposite side of the subdivision (eastern border) where it shares a roadway with Coventry. MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this lit- day of MQJ?tk , 1999, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and Shoal &ca. JhY ou)ne(S% MSoc , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards 5hoa4 C.t' . ffintukanect% f SOC. , a Program grant in the amount of$ BOO. 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ No CAS* netiF1"T 4f' Re-Qv IgaED • 4. Labor: Granteefurther agrees to provide 53 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than 121L 30 , 1999. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on /11f16./4 /49 , 1999, and shall be completed by September 30, 1999. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: Sem c :4" acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: S Ei Af SG O I// 6(F 8 &u i7 Fc-y G2 K- vE Dezee FC- 347101 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. . day of , 1999. • FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 Exhibit A 1999 MVP Neighborhood Matching Grants Program Shoal Creek Homeowners' Association Irrigation and Sod Replacement This project will replace the existing irrigation system along White Road and at the entrance to Shoal Creek subdivision. The system will be redesigned to cut down on repair and replacement of sprinkler heads. Sod will also be replaced where it has been damaged along the roadway. MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this Jlt day of IMOh , 1999, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and st.6-Ery ihti243ota.. flanieTWNEJLS' isoc lima) located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Grant: The City hereby awards SAY *Kama flismemniateAssoc. a Program grant in the amount of$ SD 0. 00 . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ g7o . 4. Labor: Grantee further agrees to provide (525(0 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than OR L 30 , 1999. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on f1'1Ih2Vf 110 , 1999, and shall be completed by September 30, 1999. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: Tam. SG�ti-c1G,r� acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 • 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: L 5/6f+ EGL/o7T/ PR-es/DENT Ste-WY y f610436142, rf3'I ne eits' ,s 0 c . yl 3 Otsr Gfi sI f v Z E ta_t VE' OCo6E, Ft &tI7G I Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 1999. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: f .('L-P. Sign to ye o AO. licant Print Name 6 Exhibit A 1999 MVP Neighborhood Matching Grants Program Sleepy Harbour Homeowners' Association Waterfront Improvements including a New Dock and Retaining Wall This project will replace the existing dock, which was damaged by extended high water, with a new dock to include a safety rail. A three-foot high by 110-foot long retaining wall is also being proposed to allow for a beach area to be established. Landscaping will be put behind the beach area using desirable, native trees, to also provide shade for the park. Both the dock and retaining wall must be submitted to the Department of Environmental Protection and the St. Johns River Water Management District to determine whether permits are needed through those agencies. Y - • MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this is day of (ilarCL , 1999, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and LA)tSniert, th'otta3Y1Lirs` Assoc! ,66)1, , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter "Grantee"). WITNESSETH: WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter"Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. f 2. Grant: The City hereby awards (iatkQsa,�'fiE�V'I�12.6k)flOJz Assouviick, a Program grant in the amount of $ a,500. DO 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 7)5. 00 4. Labor: Grantee further agrees to provide (0 3 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 1 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than April 30 , 1999. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within ninety (90) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on (OIC}1 1 , 1999, and shall be completed by September 30, 1999. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. If Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 1511h calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: 60 -6ki4U 0 acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such amendments must be mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 1—aura. r►'l urfh j c1.1513 }b!I y ef:441c £ s vt, ©eoee, FL 347&' I Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 5 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 1999. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: huvvo,- Th, _ - w H o 4 Signature of Applicant L. r a imu c�k� Print Name 6 Exhibit A 1999 MVP Neighborhood Matching Grants Program Wesmere Homeowners' Association Playground Restoration This project will bring the playground into conformance with the Consumer Products Commission Standards (CPCS) and provide some aesthetic maintenance. The playground is about eight years old and was built before the CPCS codes were enacted. There are some pieces of equipment that pose safety concerns and others that need to be cleaned and repainted or stained. The homeowners' association is working with a private company who will do most of the work.