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HomeMy WebLinkAboutII (A3) MVP Awards: Sleepy Harbour Homeowner Association Agenda 3-4-2003 Item II A 3 MVP Awards Program Neighborhood Matching Grants Award Agreement THIS AGREEMENT, made and entered into this 4th day of March , 2003, by and between the CITY OF OCOEE, 150 N. Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "City") and S leepy H arbour H omeowners' A ssociation , I ocated 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, i n 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 Sleepy Harbour Homeowners' Association , a Program grant in the amount of $ 2,000 . 3. Matching Grant: Grantee hereby agrees to provide a matching grant in the amount of$ 450 . 4. Labor: Grantee further agrees to provide 430 volunteer labor hours towards construction and completion of the Project, as a portion of its matching grant. 5. Project: Grantee agrees to perform, or supervise the work performed as a part of the Project. The parties hereto agree that the Project shall be defined as outlined in Exhibit A, attached. 6. Implementation of the Project: Grantee shall initiate project activities no later than May 30, 2003. Grantee shall apply for any permits required to construct physical improvements as part of the Project, within sixty (60) days from the receipt of the grant hereunder. Grantee shall supply the City with proof of implementation of the Project. Furthermore, implementation of the Project within the time limit specified above, is an express condition of the grant hereunder and Grantee's violation of said time limits may, at the City's discretion, constitute a basis for termination of this Agreement, and revocation of the grant. 7. Term: The work activities to be performed by the Grantee, as part of the Project, are to commence upon grant award on March 4, , 2003, and shall be completed by September 30, 2003. If there is any need for an extension, Grantee shall submit a written request to the City for such an extension not later than thirty (30) days prior to the termination date described herein. The City's grant of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. If the Project is not completed within the term described in this section, the Grantee will not be eligible for an MVP Awards Neighborhood Matching Grant during the next calendar year. 8. Applicable Laws: The Grantee must comply with all applicable laws, ordinances, and codes and shall secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement. 9. Indemnification: The Grantee shall indemnify and hold the City harmless, including its elected officials, agents, and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement, except if due to an act of the City. 2 10. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not be limited to, failure to meet the match requirements described in Paragraph 3, failure to begin work in the time and manner specified in Paragraphs 6 and 7, failure to provide volunteer labor as specified in Paragraph 5, failure to provide equipment or materials adequate to perform the project, failure to complete the project by the designated dates, or failure to submit the monthly project reports as described in Paragraph 17. Termination of the Agreement pursuant to this paragraph, shall preclude the Grantee from applying for any further grants under the MVP Awards Neighborhood Matching Grants Program. 11. Notice of Termination: Upon the City's determination that Grantee has breached any term of this Agreement (except the completion date for the project as described in Paragraph 8), the City will provide Grantee written notice of said breach, and provide, in the written notice, the corrective action that Grantee must take. I f Grantee does not take the above-described corrective action within fifteen (15) days of Grantee's receipt of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. In the case of a breach of the completion date term, as defined in Paragraph 8, the Agreement shall terminate upon the City's written notice to Grantee. 12. Subsequent to Termination: The City shall provide Grantee with a letter confirming termination of the Agreement. Within thirty (30) days of receipt of this letter, the City shall close the grant account and return all remaining City funds to the general operating fund. 13. Neighborhood Associations as Independent Contractors: It is agreed between the parties that the Grantee is an independent contractor and is not an employee or agent of the City. 14. Inspectors: The City, acting through the MVP Awards Neighborhood Matching Grants Program coordinator, reserves the right to place inspectors at the work site or at the place of shipment or delivery of materials under this Agreement, or at the factory or in the neighborhood, in order to confirm the legitimacy of monies expended 3 under this Agreement, but not to observe the quality of the work done or the materials used. The City does not assume any liability for the work performed or injuries incurred, in any manner, and does not act in a supervisory capacity. 15. Monthly Reports: Monthly Project Reports must be submitted to the City (Community Relations Department) on or before the 15th calendar day of each month during the Project year, including the month the Project is initiated. Receipts, invoices, and volunteer sheets must be submitted with the Monthly Project Reports. The Grantee agrees that if no financial reports are submitted, or if they lack sufficient documentation (original receipts, invoices, and volunteer sheets) as the City deems necessary, the award is subject to termination under Paragraph 11, above. The submittal of Monthly Project Reports is an express condition of this Agreement. Grantee's violation of said condition may result in termination of this Agreement and revocation of the grant hereunder. 16. Audit: City maintains the right to review and audit any and all financial records or any other records having to do with this Agreement, at any time. 17. Remaining Funds: Upon the completion of the Project, as determined by the City, all remaining City grant funds allocated towards the Project but not expended on the Project, will be retained by the City. 18. Equipment: Should Grantee purchase equipment under this Agreement and fail to use said equipment in accordance with the terms of this Agreement, the City shall have the right to immediately reappropriate the equipment and Grantee hereby gives the City full license to do so. All equipment purchased hereunder with MVP Award Neighborhood Matching Grants funds must be maintained and stored in a facility that is accessible to the public/neighborhood, as envisioned under this Agreement. Failure to do so may result in reappropriation of the equipment as described above. 19. Receipt of Information/Forms: Smith Branch acknowledges receipt of the MVP Awards Packet which includes information and forms related to the grant award, and agrees to comply with the requirements set forth therein, and to timely execute all applicable forms contained in the MVP Awards Packet. 4 20. Charitable Donations: The City is a tax-exempt entity and therefore may receive charitable contributions. In order for the donor to receive a tax deduction on any donations greater than $250.00, a Receipt-for-Charitable Donation Form must be completed. This form can be obtained from the Program Coordinator. Any donations are subject to IRS rules and regulations and the City makes no representations by virtue of this Agreement, as to the tax deductibility of any donations. 21. Amendments: The City Manager shall have the authority to enter into amendments to this Agreement for the City. Any such a mendments must b e mutually agreed upon by the parties and must be in writing. 22. Notice: Any notices to the Grantee, under this Agreement, shall be mailed to: Smith Branch 428 E. Lakeshore Drive Ocoee, FL 34761 Any notices to the City, under this Agreement, shall be mailed to: City Manager's Office City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 23. Entire Agreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms not included within the written terms of this Agreement, can be considered a part of this Agreement. 24. No Project Approval: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in full force and effect. If permits from any governmental body are required for implementation of the Project, Grantee must apply for those permits in the same manner any other entity would apply for 5 a permit. Grantee's Project is not accorded any special status for approval by virtue of this Agreement. 25. Right-of-Way Agreements: Grantee shall be required to enter into right-of-way agreements if the Project requires the construction of physical improvements in the City's or any other governmental body's right-of-way. These agreements can be obtained from the City's Engineering Department. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement on this 4r" day of March , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD ON FLORIDA. APPROVED AS TO UNDER AGENDA FORM AND LEGALITY this ITEM NO. day of , 2003. FOLEY & LARDNER By: City Attorney Signature of Approval By Applicant: Signature of Applicant Print Name 6 EXHIBIT A To improve the lighting and signage at the two entranceways to the subdivision. The project also entails adding sand to the beach area on Lot 1 which is the neighbor- hood's recreational area. Lastly, the homeowners will install trees along White Road on Lot 1 for privacy and for beautification. 7