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HomeMy WebLinkAboutIII (D) Approval and Authorizatiion for the Mayor to execute the Most Valuable Partnership (MVP) Neighborhood Matching Grants Award Agreements and First Grant Payments Agenda 5-19-98 Item III D "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee c CITY OF OCOEE Da SHOVVELL OVERS / ' `i(� SCOTT ANDERSON 150 N.LAKESHORE DRIVE SCOTT A.GLASS OCOEE,FLORIDA 34761-2258 NANCY J.PARKER r+� v (407) 656-2322 ' �' CITY MANAGER rEQ Of G p00 ELLIS SHAPIRO Staff Report Date: May 11, 1998 To: The Honorable Mayor and City Commissioners From: Janet G. Shira, Community Relations/Projects DirectoS Subject: Most Valuable Partnership (MVP) Neighborhood Matching Grants Award Agreements and First Grant Payments On May 5th, the City Commission approved the funding of each of the eight Neighborhood Matching Grant applications. Prior to receiving any grant funds, each applicant must sign an MVP Grant Award Agreement with the City. These agreements provide the specifics of each grant such as the funding amount, matching grant amount, the total volunteer labor hours dedicated to the project, and a general description of the project. They also outline the general provisions of the program such as the way payments are made to applicants, the time period for project completion, and other conditions of the grant awards. The eight agreements are attached for your review and approval. (The applicants will be at the Commission meeting on May 19 and I will get their signatures prior to your approval of this item.) Under the funding criteria, the applicants receive an initial twenty-five percent (25%) of the total grant amount. Thereafter, it is the responsibility of each applicant to submit monthly financial reports to include a summary of revenues and expenditures for their project. These reports include specific information on the nature of all revenues (the City's contribution and the neighborhood's matching funds) and a breakdown of expenditures, including back-up documentation on voluntary hours, in-kind donations, and cash. Once the neighborhood has drawn down from the initial allocation from the City (the 25% they receive tonight) and its matching contribution for that allocation, a request can be made for a second installment equal to 50% of the total grant award. This will be handled on a staff level rather than bringing it back for subsequent City Commission approval. After the City has received satisfactory financial reports detailing the expenditure of those funds, the third and final installment (25%) will be provided to the neighborhood. Again, staff will approve the final installment once sufficient documentation is presented. Page 2 MVP Awards Agreements May 11, 1998 The only exception to the above funding criteria is Sleepy Harbour. Although they will still sign an agreement, they are receiving their total grant award tonight. They have completed their project and have submitted a final report for financial purposes. With the issuance of these checks, the projects are now officially underway. Grant recipients are encouraged to notify the City of work days (whether they are doing the work or whomever they hire). The City would especially like to see "groundbreaking" ceremonies and other events that will involve the neighborhoods and show the community the benefits of this program. We need to remember that although this program allocates dollars for projects and programs, it was established as a means of building a sense of community, both in our neighborhoods and throughout the City. The program is not so much about money and building things as it is about people coming together to improve their lives and having fun along the way! cc: Ellis Shapiro, City Manager Paul Rosenthal, City Attorney MVP applicants MVP Awards Program • Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this I IT day of ►t)It9 _, 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and OY1910 CLul3 4bittaiweiz ASSOciprfloj , 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 LAU atinteiO' din S' Assoc, a Program grant in the amount of$ a50O . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 6Sf`c/70 4. Payments in Installments: The City agrees to pay, and the Grantee agrees to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment of up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to,twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide 413 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than JUAte 30 , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on initv f , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions.it deems appropriate throughout the Project. 17. 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more than fifty percent (50%)df the matching resources under this Agreement may. consist of volunteer labor. The hourly value of volunteer labor shall be $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be. mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA .Jean Grafton; City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this, day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A All work necessary to contract with a company who will construct a private boat ramp for use by the Lake Olympia Club homeowners. This boat ramp will be located on the homeowners' association common property down at the lakefront. This grant will help fund all necessary work to complete the construction of the boat ramp. The applicant will obtain all necessary permits and inspections during the construction process. ' MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 011ie day of- 1' , 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and CODC-6 6,EIVI641142V SGlf001, , 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 & /E :t, ?1( AT)UV( -CCAttOL, , a Program grant in the amount of$ 42.c 0 0. 00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 5 ((pc.O 0 . 4. Payments in Installments: The City agrees to pay, and the Grantee agrees .to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment of up to fifty percent(50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide /88 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than J(J,.W .30 , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on filo ! ! , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. Indemnification: The Grantee shall indemnify and hold the City harmless, including—its elected officials, agents, and employees, om 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15' 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more -than fifty percent (50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shalt 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. 22. Receipt of Information/Forms: 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. 23. 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 forth 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA .Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1998. • FOLEY & LARDNER • By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A This grant will help build a small track at the school along with some repairs to the existing basketball court area, and some landscaping of the property for aesthetic and safety purposes. This grant will also help fund garden areas for the students and community to enjoy. The applicant will ensure that all necessary approvals from Orange County Schools are received prior to starting work and that any necessary permits or inspections are done. MVP Awards Program Neighborhood Matching Grants Award Agreement nit THIS AGREEMENT, made and entered into this 1 7 day of , 1998, by and between the CITY OF �n OCOEE,�J ' 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and $lu . i�vre 6 Hi fxiJ@2S' ' w►TI Cam) , located within the limits of the City of Ocoee, in the State of Florida, (hereinafter"Grantee"). WITNESSETH: • WHEREAS, the City has established the MVP Awards Neighborhood Matching Grants Program (hereinafter "Program") to provide grants for qualified organizations to complete specified projects, which program and projects constitute a public purpose; and WHEREAS, all grant monies, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as contribution of a "matching grant" from the Grantee. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. clAiedel0 2. Grant: The City hereby awardsfuJA SI /SSOc. , a Program grant in the amount of$ 276. 00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 67(0.00 4. Payments in Installments: The City agrees to pay, and the Grantee agrees \to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment of up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide 95- volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project Grantee shall initiate project activities no later than du"6 , , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the (Y1t1'fProject, are to commence upon grant award oni q , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. 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. 11. 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. 12. 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. 13,. 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. 14. 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. 3 15. 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15' 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more than fifty percent (50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be -$10.00 per hour. Labor considered'"professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ,Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A This grant will help the subdivision install upgraded lighting at the entrance to the subdivision on Silver Star Road, as well as to install trees and other landscaping materials at the Bexley Boulevard road closure to deter motorists and others from cutting through the barricade. The applicant will ensure that all necessary permits and inspections are obtained. MVP Awards Program Neighborhood Matching Grants Award Agreement a* MM THIS AGREEMENT, made and entered into this 1 day of 011 '`? , 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore,Drive, Ocoee, Florida 34761 (hereinafter "City") and )(AJI12 eeNo animeas' A52IA11OA) 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 EOM &ND 4640 LS' SAC, a Program grant in the amount of$ 00 .00 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$a,009. 00 4. Payments in Installments: The City agrees to pay, and the Grantee agrees \to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment of up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide ka. r volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than J wig 3 0 , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on Mf''f P q , 1998, and shall be completed by September 30, 1998. If there is any need for an extension, Grantee shall r 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. 9. 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. 2 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 • 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more than fifty percent (50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 'Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 • APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A This grant will help the subdivision install an informational sign to notify their residents of upcoming community and neighborhood meetings and events. The applicant will ensure that all necessary approvals, permits, and inspections are obtained. t } MVP Awards Program Neighborhood Matching Grants Award Agreement it THIS AGREEMENT, made and entered into this , / day of )14ft1 , 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and s(fert M 4a- J4W3f , 15' J SSb G c A1JOnl, 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 & ,tp'q .QD4Iit knemotts c a Program grant in the amount of$ c ,SO0 . O® . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 61 835. oo . 4. Payments in Installments: The City agrees to pay, and the Grantee agrees 'to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original . 1 J invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment of.up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide /90 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than dmie 30 , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the. Project, are to_commence upon grant award on Mny 11 , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial- reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more than fifty percent (50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be- $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. • 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 'Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A This grant will help the subdivision pay for a very recent improvement made to their neighborhood. The existing boat ramp located on the homeowners' association's common property was in serious need of repair. The homeowners' association was aware of the impending grant program, but was advised not to wait on the repairs. The ramp is now fully repaired and fully operational. MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 71 ! day of /4'`�, 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive,1 Ocoee, Florida 34761 (hereinafter "City") and Sr- p/IZUS P,QEsgy t rN (0 , 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 (f. Alum P i5vi ,) Cfft[ee#,, a Program grant in the amount of$ o�Sv O. 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 5 /y 0 4. Payments in Installments: The City agrees to pay, and the Grantee agrees Ito accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment of up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide f if7tf volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than cUNe 30 , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on ( lifiN i q , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to'the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more than fifty percent (50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be. $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name • EXHIBIT A This grant will help start a multi-phased project which is designed to ultimately restore two lakes which have been over come by vegetative growth. The lakes are located on property owned by the applicant; however, the area is very visible at the terminus of the East-West Expressway on the south side of State Road 50, across from Clarke Road. The applicant will work with an independent contractor to supervise the work and do most of the heavy duty vegetation removal. The applicant will also work with regulatory agencies to ensure that all necessary permits are obtained. MVP-Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this ' day of P11116 , 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and f? e11OAfS Pt57 btdAl S'AX0UfrP0A.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. 2. Grant: The City hereby awards egagCn Dt 'S a Program grant in the amount of$ a S-a0, o o . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ a/ �S'D . ° . 4. Payments in Installments: The City agrees to pay, and the Grantee agrees to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) On'the expenditure of these funds, —a second installment of up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City`asto the expenditure of these funds, a third installment of up to twenty-five percent,_(25%.) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide /tO volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. Proiect: 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than JP.i 3O , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on . fiitj j.q , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. 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, attomey'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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserve1he 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 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. 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more ---than fifty percent--(50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A This grant will help landscape entrance areas to the subdivision as well as common property along the perimeter of the subdivision. It will also help make aesthetic improvements (repainting) at the common area where the pool complex is located and will provide some additional landscaping and picnic areas in this general common property area as well. The applicant will ensure that all necessary approvals are obtained as well as any permits or inspections that may be required. MVP Awards Program Neighborhood Matching Grants Award Agreement AGREEMENT, made and entered into this ( of- THIS ay of tilfol , 1998, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and g.af 1 M Su6PieISIDA) glitillothver26 , . 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 6tCft Aa2D SutIvI51 OAJ a Program grant in the amount of$ q�-o. DO 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 030.00 . 4. Payments in Installments: The City agrees to pay, and the Grantee agrees .to accept the grant in installments with the first allocation equal to twenty-five percent (25%) of the total grant award. Once the City receives sufficient documentation (original 1 invoices and financial reports on City approved forms) on the expenditure of these funds, a second installment-of up to fifty percent (50%) of the total grant may be allocated. Again, once sufficient documentation is received by the City as to the expenditure of these funds, a third installment of up to twenty-five percent (25%) of the grant award may be allocated. 5. Labor: Grantee further agrees to provide 77 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 6. 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. 7. Implementation of the Project: Grantee shall initiate project activities no later than ()MI 3 , 1998. 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. 8. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on 1A'Lf j"1 , 1998, and shall be completed by September 30, 1998. 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. 9. 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. 2 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 3 15. 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 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: 16. Financial Requirements: Upon award of the grant hereunder, the City shall issue to the Grantee twenty-five percent (25%) of the total grant award. After the City receives financial reports on City approved forms (with original invoices) accounting for that amount, the City will issue a second payment of up to fifty percent (50%) of the total grant award. After the Grantee submits sufficient documentation as to the expenditure of these funds (financial reports and original invoices), a third installment of up to twenty-five percent (25%) of the total grant funds may be allocated to the Grantee. The City reserves the right to allocate the funds in portions it deems appropriate throughout the Project. 17. 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 City will not allocate additional funds from the grant award until sufficient documents have been submitted. The Grantee also 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. 18. 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. 19. 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. 4 20. Grantee Labor as Portion of Matching Grant: Grantee agrees that no more than fifty percent (50%) of the matching resources under this Agreement may consist of volunteer labor. The hourly value of volunteer labor shall be $10.00 per hour. Labor considered "professional" due to the necessity to be licensed, may be valued at the hourly rate commonly charged by that profession. If there is a conflict between what the Grantee submits as the professional hourly rate and what the City considers customary for that profession, the City's determination will prevail. 21. 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. 22. Receipt of Information/Forms: 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. 23. 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. 24. 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. 25. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: 5 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 26. 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. 27. 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. 28. 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 , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 6 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA • APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 7 EXHIBIT A This grant will help the homeowners of Richfield subdivision to install lighting on both sides of their entrance on Johio Shores Road as well as install an irrigation system and some landscaping in that same area. The applicant will work with the City to ensure that all necessary permits and inspections are obtained. 4D The West Orange Times Thursday, May 14, 1998 t i LEGAL ._ i proposes to amend the • NOTICE OF PUBLIC RING following in t e r l o ca I I F-Z The Orlando Sentinel, Wednesday, May13, 1998 BY THE OCOEE CITY agreemet: the Ocoee- I _ COMMISSION Orange County Joint TO CONSIDER A MAP Planning Area Agreement. AMENDMENT TO THE JPA The proposed amendment AGREEMENT applies to property located on NOTICE OF PUBUC HEARING • Me southeast comer of Silver BY THE OCOEE MY COMMISSION . Star Road and Clarke Road, TO CONSIDER A MAP AMENDMENT TO THE JPA AGREEMENT. NOTICE IS HEREBY GIVEN as illustrated in the map that the City of Ocoee below- NOTICE IS HEREBY GIVEN that the City of Ocoee proposes to amend the following interlace!agreement the Ocoee-Orange -• Ocoee-Orange CountyJoint Planning Area County Joint Planning Area Agreement The proposed ottriattittawa applies to located on the southeast coma of Slyer Star _ Land Use Map Amendment. Road and k�e ad.as instated intro map below. � %i--`/ _.e. - Ocoee-Orange County Joint Planning Area ` } 4' .. F-; -' � :ic, , Land Use Map Amendment . Ei {•.. .,• . �.' -y -ai>!�locy'i • aaI1I_ " -Cam"'«...� 3�hm— i nr;. �rrnt t 6.,-.-t-r�..'-: la^1 / i�:.xo--i - =L";,Z==ry�r._. / . --�' die+. aeaet-•�'�...• p„r .-.c_.».at �a mo 111•11� a s-fr .1- ti .„-:. ,I.r wt iy� _ sS .. a • } '..V r . jlla l"i l' ( • qt 1 • i_• j46 I . : 4 +hap.+ p. ,.mow, • ' - i' , :41-.2....., !- 0.1 - . l ■ Inp ` `: 11 "9 . i:;*ti.t� ed :te*.p.1', g t .nia.0 c�i - II=.L� -. _ =. v.._T -. I.am E _,I • , w ; ' S ;c' isj � ' ... . 4 '. '? =__ }; �rl' ,► ! '. ,aa'r V r i2� _R;} 41. W o-- ' 11 --- _ .;i gI8' : n1 _ �..„.. 5R� Ii ;- ,�:5 `, • - Ii �.. ltPr:;:itsJ � I. _ rI_ � Department. 150 North ` The amendment will change Lakeshore Drive, Ocoee, r"" the land use on the JPA Land Florida.between the hours of Y a Use Map (Exhibit B) from 8:00 a.m. and 5:00 p.m., r' . • N Low Density Residential(<4 Monday through Friday, N �� . dual)to Commercial for a 15 except legal holidays. ace parcel. . - Interested parties may The Ocoee City Commission appear at the public hearing The amendment will flange the land use on the JPA tend Use will hold a public hearing on and be heard with respect to Map(Fstibit B)ken Lae Oemty Rid i (c-4 )to Com- the proposed amendment on the proposed action. Any -mends!bra 15 acre parcel. _ . . Tuesday. May 19, 1998 at person wishing to appeal any 7:15 p.m., or as soon decision made with respect to •-The Ocoee City Conant/tau we hold a public hawing on the pro- , thereafter as practical,at the rimed amendment on Tuesday,May 19,1998 at 7•t15p.m.,sion�r or m Ocoee City Commission any matter considered at the :soon theire ter as dulcet at the Ocoee Chambers, City Hall, 150 public hewing will need a 'bars.City Hall,150 North Lakeshore Drive,Ocoee.Florida.The ., North Lakeshore Drive, record of the proceeding,and ;'Ocoee CM Coromiss on may continue the public hewing to other Ocoee, Florida. The Ocoee for this purpose may need to dates,times.end*CBS MBE they deem necessary.Any interested City Commission may ensure that a verbatim record. •-party shall be advised that the dates,times.and places of any can- continue the public hearing to of the proceedings is;made 'tinuaton of this or conenhed public hearmgs shall be announced otherdates, times, and which includes the testimony dying me and that Matumortumornotices regarding these mat - places s that they deem and evidence upon which the tars will beed.A copy of me proposed amendment may te necessary. Any interested appeal is based. Persons inspected try the public at the Ocoee Planning Department,150 party shall be advised that with disabilities needing 'North Lakeshore Drive.Ocoee.Ronda.between the non of 8:00 the dates,times,and places assistance to participate in a.m. m and 5:00 p. ,Monday through Friday,except legal holidays. of any continuation of this or any of the proceedings • parties may appear at public hearag and be Insipid continued public hearings should contact the City UttifeSEEKI with mama to the proposed action Any person 9 to e=Peal shall be announced during Clerk's Office 48 hours in the hearing and that no advance of the meeting at i any ca demon made with raspacl to airy matter considered at the further notices regarding 407/ 56-2322 �• .P�heortg wd need a record d the pig, and for vas these matters will be .purpose may need bns ensure Met a verbatim Mealof the proceed- published. A copy of the Jean Grafton.City Clerk I rigs a tirade which Includes Me testimony and evidence upon proposed amendment may City of Ocoee rvtith Me"Deli Is based Persona sett dusabiees rneedt9 asers- •be inspected by the public at -lance to pertd:wie in any d the pegs shoed contact the the Ocoee Planning 5/14/98 Chv Crak's Mai 48 hods in ametde d Me messing et(407)656- JJeann Grafton,My Clerk City of Ocoee May 12.1998 coR2118c18 MAY 13 199F