HomeMy WebLinkAboutItem III (D) Approval and Authorization to Execute State Grant Award Agreement for the Withers-Maguire House AGENDA 8-2-94
/I "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III D
Ocoee, 1 1 V AN UCRlalur I
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CITY OF OCOEERUQ SON
d PAUL W.vC150 N.LAKESHORE DRIVE FOSTER
OCOEE FLORIDA 34761-2258VERN COMBS
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O JIM GLEASON
OF G 00 CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
To: The Honorable Mayor and Board of City Commissioners
From: Montye Beamer, Director of Administrative Services 27
Date: July 29, 1994
Re: Withers-Maguire House State Grant
On July 28, 1994 the City received from the State Division of Historical Resources:
(1) Restrictive Covenants
(2) Grant Award Agreement
(3) Request for Advanced Grant Payment
These are the documents to be executed by the City for receipt of the $180,000 grant to
restore the interior of the Withers-Maguire House. The Scope of Work as listed is consistent
with those tasks delineated in the grant application.
In connection with this award the State is requiring a match of $50,000 as the local cost
share. Concerning this match, there is $5,000 budgeted and scheduled for expenditure by
September 30, 1994 for Architectural Services relating to the construction and specification
manual. The proposed budget for FY95 has $21,500 for the Withers-Maguire House - all of
which is earmarked for this interior project. The State is reviewing the City's past
expenditures for the interior design to determine whether these may also be included as
match. Other direct costs that may be listed are the hours given to the project for project
management, plans review, and construction inspections.
Additional requirements contained in these documents are that:
(1) For ten years after the completion of the project, the City must continue
maintenance, repair and administration. Utilized previously, these operating
costs were considered in the 1991 grant agreement when the time frame was
twenty (20) years so long as "subject to the annual appropriation of funds" was
inserted. In this way, the Commission is not binding future boards.
(2) The work must be completed by March 31, 1996. The State will inform the
City as to the time quarterly payments commence. All monies should be
received before the project's completion.
(3) Liquidated damages have been spelled out; previously this has been termed
return of funds. Obviously liquidated damages connote as well as denote
activity much stronger than return of funds.
(4) No tax liability shall fall on the State. If this is only those under the control of
the City, then this should be acceptable. The State will be asked to consider
the deletion or modification to Paragraph 7 of the Restrictive Covenants where
this is contemplated.
(5) All other conditions as to reporting procedures, submittals, audit, and clauses
for the contractor's agreement have been met in previous grant executions.
David Barker, Assistant City Attorney, has reviewed the agreement. His comments dated
July 29, 1994 are attached; he has begun communication with the State on the recommended
revisions (as opined in this memo) to the Restrictive Covenants and changes in form on all
documents to include correct signature block (see attached) and detail necessary for the
recording. He has also included the legal description for Exhibit A.
Staff Recommendation:
The Honorable Mayor and Board of City Commissioners approve the Restrictive Covenants
and Grant Agreement with the necessary modifications as may be found acceptable by both
the City Attorney and the State Division of Historical Resources, authorize the Mayor and
City Clerk to execute the final format of the documents, and designate the City Manager as
the authorized official to sign requests for Advanced Grant Payments.
� . . ,
FOLEY & LARDNER
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MEMORANDUM
CHICAGO, ILLINOIS
MEMORANDUM
TO: Ms. Montye Beamer, Director of Administrative Services
FROM: David P. Barker, Esq., Assistant City Attorney I) r J
DATE: July 29, 1994
RE: State Grant for Withers-Magruire Hou
Pursuant to your request of July 28, 1994, we have reviewed the following items
in connection with the State of Florida grant for the interior renovations for the Withers-Maguire
House Project:
1. Restrictive Covenants;
2. Historic Preservation Grant Award Agreement Special Category Grants, Grant
No. SC-550 (the "Grant Award Agreement"); and
3. Request for Advanced Grant Payment.
I have compared the documents listed above against documents previously utilized
for the grant funds in 1991 for exterior improvements to the Withers-Maguire house. Set forth
below are our comments on each document.
A. Restrictive Covenants
I have compared the Restrictive Covenants against the sample restrictive covenants
which was reviewed and commented on by Paul Rosenthal pursuant to his memorandum to you
dated April 9, 1993. While the Restrictive Covenants are substantially similar, there are some
significant differences. First, the term of the Restrictive Covenants is for ten years. Please note
that the sample restrictive covenants were for a period of five years only. Please confirm if this
is acceptable to the City.
Secondly, Paragraphs 1, 2, and 3 have been revised to conform to the Letter of
Agreement adopted by the Board of City Commissioners on October 23, 1991 (the "1991 Letter
of Agreement"). This revision is acceptable.
07/29/94 12:24 $407 1348 1743 FOLEY & LARDNER Zoo2 ,
Thirdly, please note that the Restrictive Covenants contain a new Paragraph 5
which requires the City to pay liquidated damages if the restrictions are violated within the ten
year period. The liquidated damages are in an amount equal to the entire grant amount, if the
violation occurs within the first five years, and as a reduced amount if the violation occurs after
the first five years, as computed therein. Please confirm that this enforcement provision is
acceptable to the City. I have some concerns whether this provision can be construed as binding
future commissions to appropriate funds. The Grant Award Agreement approved by the Board
of City Commissioners on August 6, 1991 (the "1991 Grant Award Agreement") contains a
provision which states that the Florida Department of State (the "Department") could demand
the return of the monies delivered upon default. Section 5 of the Restrictive Covenants leads
to the same result but states that the Department would be entitled to liquidated mages as
opposed to return of the monies which have been forwarded to the City under the grant. I
recommend that Section 5 be revised to read as follows "...the Department shall be entitled to
the return of monies delivered to the Owner under the state grant as liquidated damages
pursuant to the following schedule." (Inserted language in bold)
The Restrictive Covenants also contains a new Paragraph 7 which states that the
Owner agrees that the Department shall incur no tax liability as a result of these Restrictive
Covenants. It is unclear what is the intended purpose of this provision. If it relates only to any
local taxes levied by the City of Ocoee, then I believe this provision would be acceptable.
However, we would need to have a representative from the Department explain the purpose of
this provision prior, to its approval. After such discussion, the Department may agree to the
addition of clarifying the language of this provision. I recommend that the Board of City
Commissioners approval, if granted, be on the condition that this Section 7 be deleted or revised
to clarify the intent of that Section to the satisfaction of the City Attorney.
There are also several form changes which must be made to the Restrictive
Covenants prior to recording. Firstly, there must be a 3 inch square area inserted in the top
right hand corner of the Restrictive Covenants for use by the recording department. Secondly,
the first paragraph of the Restrictive Covenants has a blank line referring to the Owner and lists
the City of Ocoee as the Grant Recipient. It is my understanding that the City of Ocoee owns
the Withers-Maguire house and therefore the Restrictive Covenants should be revised to delete
the references to the Owner. Thirdly, the enclosed legal description for the Withers-Maguire
house must be attached to the Restrictive Covenants. Fourthly, the execution page must be
revised for execution by the Mayor and City Clerk, City of Ocoee, a form of which is enclosed
herewith.
I recommend that you authorize us to prepare a revised draft of the Restrictive
Covenants which will incorporate our comments stated above, so that it will be in form sufficient
for execution by the City of Ocoee. Please let me know how you wish to proceed in this regard.
-2-
07 29 94 12:25 V4O7 648 1743 FOLEY & L.-IRDNER X O03%00,-
B. Request for Advance Grant Payment
We have no comments as to these suggested quarterly payment schedules. Please
confnm that these numbers are acceptable to the City.
C. Grant Award Agreement
I have compared the Grant Award Agreement against the agreement which was
previously adopted by the City of Ocoee. Please note that Sections 3(a), 6(e), 6(f), 7, 10, 11,
13(a), 13(c), 14, and 19 through 27 are new provisions and were not contained in the 1991
Grant Award Agreement. Please review these provisions and if they are agreeable to you, I do
not have any comment. Please also note that Sections 13 and 16 have been revised from what
was contained in the 1991 Grant Award Agreement but such changes are satisfactory.
Section 13(b) contains an indemnity by the City to the Department against any
claims of any nature. This section is proceeded by the phrase "except to the extent prohibited
by Florida law" in the first sentence. We recommend that this phrase also be inserted at the
beginning of the second sentence in that section.
Next, the enclosed signature page should be utilized for execution of the Grant
Award Agreement by the Mayor and City Clerk. Assuming that the obligations set forth in the
Grant Award Agreement are acceptable to the City, I do not have any further comments to the
Agreement.
It is my understanding that this item is to be placed on the next Agenda for the
Board of City Commissioners for approvaL I will be available to assist you to make whatever
necessary changes are required.
/jh
cc: Paul E. Rosenthal, Esq., City Attorney
-3-
07•'29.94 12:25 V407 648 1743 FOLEY & LARDNER [21004/007
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk s. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY DY APPROVED BY TAE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 5994
this day of , 1994. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
C;lW P!11Q0C31FADbtBNP0000F 11/3t94 I 183009 I DPB:41 fZ
WITNESSESS: APPROVED:
CITY OF OCOEE, FLORIDA
Pziatflype Mime:
PrintilypeMonte S. Scott Vandergrift, Mayor
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY TEE oCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1993
this day of , 1993 . UNDER AGENDA ITEM NO.
FOLEY & ZAADNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
GRAFTON, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said
municipality and that they did not take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1993 .
Signature of Notary
Name of Notary (rypea,Printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal).
07 29, 94 12:26 1440 648 1743 RILEY & LARD\ER 2005%007
ATTACEMENT A
Legal Description of withers-Maguire Rouse
Begin at the Southwest corner of Lot 6, Block 2, MAP of the TOWN OF
OCOEE, according to the plat thereof as recorded in Plat Book A,
Pages 100 and 101, of the Public Record of Orange County, Florida;
run thence Easterly 325.0 feet along the South line of said Lot 6,
thence Northerly parallel with the West line of said Lot 6 a
distance of 244.5 feet, thence West 325.0 feet to a point on the
Bluford Avenue easterly right of way 244.5 feet Northerly of said
Southwest corner of Lot 6, thence Southerly along the West line of
said Lot 6 a distance of 244_5 feet to the point of beginning.
RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this day of
,19_, by , hereinafter
referred to as the Owner, and City of Ocoee, hereinafter referred
to as the Grant Recipient, and shall be effective for a period of
ten years from the date of recordation by the Clerk of the
Circuit Court of Orange County, Florida.
WHEREAS, the Owner is the fee simple titleholder of the
Property located at
Florida, as described in Exhibit A, Attached to and made a part
hereof, and
WHEREAS, the Grant Recipient is to receive State Historic
Preservation Grant assistance funds administered by the State of
Florida, Department of State, Division of Historical Resources,
R.A. Gray Building, 500 South Bronough Street, Tallahassee,
Florida 32399-0250, hereinafter referred to as the Department, in
the amount of $180,000.00, to be used for the restoration and
preservation of the property of the Owner, and
WHEREAS, said State funds have been or will be expended for
the purpose of preserving the historic qualities of the property
or contributing to the historic character of the district in
which the property is located,
Now THEREFORE, as part of the consideration for the State
grant, the Owner and the Grant Recipient hereby make and declare
the following restrictive covenants which shall run with the
title to said Property and be binding on the Owner and its
successors in interest, if any, for a period stated in the
preamble above:
1 . The Owner and the Grant Recipient agree to maintain the
property in accordance with good preservation practices and the
Secretary of the Interior's Standards for Rehabilitation.
2. The Owner and the Grant Recipient agree that no
modifications will be made to the Property, other than routine
repairs and maintenance, without advance review and approval of
the plans and specifications by the Department's Bureau of
Historic Preservation.
3 . The Owner and the Grant Recipient agree that every
effort will be made to design any modifications to the Property
in a manner consistent with the Secretary of the Interior's
Standards for Rehabilitation.
4. The Owner and the Grant Recipient agree that the
Department, its agents and its designees shall have the right to
inspect the Property at all reasonable times in order to
ascertain whether the conditions of the Grant Award Agreement and
these covenants are being observed.
5. The Owner and the Grant Recipient agree that these
restrictions shall encumber the property for a period of ten
years from the date of recordation, and that if the restrictions
are violated within the ten year period, the Department shall be
2
entitled to liquidated damages pursuant to the following
schedule:
a. If the violation occurs within the first five
years of the effective date of these covenants, the Department
shall be entitled to return of the entire grant amount.
b. If the violation occurs after the first five
years, the Department shall be entitled to return of the entire
grant amount, less 10% for each year past the first five. For
instance, if the violation occurs after the sixth anniversary of
the effective date of these covenants, but prior to the seventh
anniversary, the Department shall be entitled to return of 80% of
the original grant amount.
c. In the event of a violation of these restrictive
covenants, the Department shall also be entitled to recover its
costs and attorney fees incurred in obtaining recovery of the
grant amount.
6. The Owner agrees to file these covenants with the Clerk
of the Circuit Court of Orange County, Florida, and shall pay any
and all expenses associated with their filing and recording.
7. The Owner and Grant Recipient agree that the Department
shall incur no tax liability as result of these restrictive
covenants.
3
IN WITNESS WHEREOF, the Owner and Grant Recipient have read
these Restrictive Covenants and have hereto affixed their
signatures.
WITNESSES:
Witness Signature OWNER
Witness Name Typed/Printed Owner's Address
Witness Signature City and State
Witness Name Typed/Printed
The State of Florida
County of
I certify that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgements, that personally appeared as
O
for , known to
(Officer) (Hage of Corporation/Partnership)
me to be or who proved to my satisfaction that he/she is the
person described in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on , 19 .
Notary Public in and for
The state of
My commission expires:
[SEAL]
4
Witness Signature GRANT RECIPIENT
Witness Name Typed/Printed Address
Witness Signature City and State
Witness Name Typed/Printed
The State of Florida
County of
I certify that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgements, that personally appeared as
O
for , known to
(Officer) (Name of Corporation/Partnership)
me to be or who proved to my satisfaction that he/she is the
person described in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on , 19 .
Notary Public in and for
The state of
My commission expires:
[SEAL]
This instrument was prepared under the supervision of Frank R.
Stockton, Attorney, Florida Department of State, Division of
Historical Resources, R.A. Gray Building, 500 South Bronough
Street, Tallahassee, Florida 32399-0250.
5
Historic Preservation Grant Award Agreement
Special Category Grants
Grant No. SC-550
This AGREEMENT is between the State of Florida, Department of
State, Division of Historical Resources, hereinafter referred to
as the Department, and the City of Ocoee, hereinafter referred to
as the Grantee, relative to the Withers-Maguire House Project,
hereinafter referred to as the Project, and is entered into this
day of , 1994 .
The Department is responsible for the administration of grant-in-
aid assistance for historic preservation purposes under the
provisions of Section 267.0617, Florida Statutes. The Grantee has
applied for grant-in-aid assistance for the Project. The
application, incorporated by reference, has been reviewed and
approved in accordance with Chapter 1A-35, Florida Administrative
Code, which regulates Historic Preservation Grants-in-Aid.
Subject to the limitations set forth in this Agreement, grant-in-
aid funds in the amount of one hundred and eighty thousand
dollars ($180,000.00) have been reserved for the Project by the
Department. The Department and the Grantee agree as follows:
1. Scope of Work
The Project shall include the following authorized project
work:
a. Restoration/repair of interior trim, cabinets, plaster,
drywall, and doors;
b. Repair of windows;
c. Preparation, painting, and finishing of interior;
d. Repair of wood flooring;
e. Restoration, repair, and installation of tile in
kitchen and bathroom;
f. Installation of insulation;
g. Upgrade and repair of plumbing and electric systems;
h. Installation of HVAC system;
i. Life safety improvements and alterations for Americans
with Disabilities Act compliance; and
j. Related architectural services.
1
2. Grant Period
The grant period is effective on the date of the final
signing of the Grant Award Agreement by all parties and ends
on March 31, 1996.
3. Disbursement of Funds
a. The payment schedule of grant funds shall be made at
the discretion of the Department subject to the
directives and requirements of the Office of the
Comptroller of the State of Florida.
b. The Grantee shall temporarily invest surplus grant
funds in an interest bearing account, and interest
earned on such investments shall be returned to the
Department quarterly.
4. Accounting Requirements
The Grantee shall maintain an accounting system which
provides for a complete record of the use of all grant
funds. This accounting system shall provide for:
a. Accurate, current, and complete disclosure of the
status of all grant funds.
b. Records that identify adequately the application of
funds for all activities related to the grant. In the
absence of a proper accounting system with amounts
detailing the application of funds, a separate checking
account may be used.
c. Effective control over and accountability for all
funds, property, and other assets.
d. Accounting records that are supported by
source documentation (i.e. , invoices, bills, cancelled
checks) and are sufficiently detailed to allow for a
proper preaudit and postaudit.
5. Retention of Accounting Records
a. Financial records, supporting documents,
statistical records, and all other records pertinent to
the Project shall be retained for a period of three
years after the end of the grant period. If any
litigation or audit is started, or claim made, before
the expiration of the three year period, the records
shall be retained until the litigation, claim, or audit
questions involving the records have been resolved.
2
b. The Grantee shall make all grant records of
expenditures, copies of reports, books, and related
documentation available to the Department or a duly
authorized representative of the State of Florida for
inspection at a reasonable time for the purpose of
making audits, examinations, excerpts and transcripts.
6. Expenditures
a. All expenditures must be directly related to the
purpose of this grant and must be easily identified as
such.
b. Project costs may not include any expenditure or cost
not directly related to the purpose of this grant as
set forth in the scope of work.
c. No expenditures shall be made from these grant funds
for any costs incurred prior to the date of this
Agreement.
d. These grant funds will not be used for lobbying the
Legislature, the judicial branch or any state agency.
e. Unless authorized by law and agreed to in writing by
the State, the Department shall not be liable to pay
attorney fees, interest or cost of collection.
f. The Grantee shall not charge the Department for any
travel expense without the Department's written
approval. Upon obtaining written approval, the Grantee
shall be authorized to incur travel expenses payable by
the Department to the extent provided by and according
to the provisions of Section 112.061, Florida Statutes.
7. Restrictive Covenant
As a condition for receiving grant funds, the Grantee shall
sign and duly record a Restrictive Covenant agreeing to the
continued maintenance, repair and administration of the
property receiving grant assistance in a manner satisfactory
to the Department for a period of ten years.
8. Standards
The Grantee shall carry out all project work in compliance
with the Secretary of the Interior's Standards for
Rehabilitation or the Secretary of the Interior's Standards
for Archaeological Documentation.
3
9. Review
Pursuant to Section 267.061(3 ) (i) , Florida Statutes, the
Grantee shall provide the Department an opportunity to
review and approve architectural documents for the project
at the following points in their development:
a. on completion of schematic design;
b. on completion of design development and outline
specifications; and
c. on completion of working drawings and specifications,
prior to execution of the construction contract.
10. Procurement Documentation
The Grantee shall submit complete bid documents and a copy
of the final contract for construction work to the
Department for review and approval prior to final execution
by the Grantee.
11. Quarterly Progress and Expenditure Reports
The Grantee shall submit to the Department a completed
"Quarterly Progress and Expenditure Report" form for every
calendar quarter of the grant period.
Within 30 days of completion of project work, the Grantee
shall submit the completed "Final Quarterly Progress and
Expenditure Report" form to the Department.
12. Notices, Schedules, and Sponsorships
All publications, media productions, and exhibit graphics
shall include the following statement in the same size, type
style, and location as the organization name:
"Sponsored in part by the State of Florida, Department of
State, Division of Historical Resources. "
13 . Liability
a. The Department shall not assume any liability for the
acts, omissions to act or negligence of the Grantee,
its agents, servants or employees; nor shall the
Grantee exclude liability for its own acts, omissions
to act or negligence to the Department. The Grantee
hereby agrees to be responsible for any injury or
property damage resulting from any activities conducted
by the Grantee.
4
b. Except to the extent prohibited by Florida law, the
Grantee agrees to be responsible for any claims of any
nature, including but not limited to injury, death, and
property damage, arising out of activities related to
this Agreement by the Grantee, its agents, servants,
employees or subcontractors. The Grantee agrees to
indemnify and hold the Department harmless from claims
of any nature and agrees to investigate such claims at
its own expense.
c. The Grantee shall be responsible for all work performed
and all expenses incurred in connection with the
project. The Grantee may subcontract as necessary to
perform the services set forth in this Agreement,
including entering into subcontracts with vendors for
services and commodities, provided that it is under-
stood by the Grantee that the Department shall not be
liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the
subcontract.
14. Non-Discrimination
The Grantee will not discriminate against any employee
employed in the performance of this Agreement, or against
any applicant for employment because of race, creed, color,
handicap, national origin, or sex. The Grantee shall insert
a similar provision in all subcontracts for services by this
Agreement.
15. Public Access
This Agreement may be unilaterally cancelled by the
Department for refusal by the Grantee to allow public access
to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the Grantee in conjunction with the
Agreement.
16. Termination of Agreement
This Agreement may be terminated by the Department because
of failure of the Grantee to fulfill its obligation under
the Agreement in a timely or satisfactory manner.
Satisfaction of obligation by the Grantee shall be
determined by the Department. The Department shall provide
the Grantee a written notice of default letter. The Grantee
shall have 15 calendar days to cure the default, unless it
is determined by the Department that it is necessary that
the default be cured immediately. If the default is not
5
cured by the Grantee within the stated period, the
Department has the option to terminate the Agreement.
Notice shall be sufficient if it is delivered to the party
personally or mailed to its specified address. In the event
of termination of this Agreement, the Grantee will be
compensated for any work satisfactorily completed prior to
notification of termination.
If the Grantee should violate any of the stipulations of
this Agreement, the Department shall have the right to
demand the return of monies delivered and withhold
subsequent payments due under this or other grants. If
notice of termination is given, the Department shall not be
liable for services rendered, expenses incurred or goods
delivered after receipt of the notification of termination.
17. Availability of Funds
The Department's performance and obligation to pay under
this Agreement are contingent upon an annual appropriation
by the Legislature. In the event that the state funds on
which this Agreement is dependent are withdrawn, this
Agreement is terminated and the Department has no further
liability to the Grantee beyond that already incurred by the
termination date. In the event of a state revenue
shortfall, the total grant may be reduced accordingly.
18. Audit
Each grantee, other than a grantee which is a state agency,
shall submit to an audit to be performed in accordance with
the rules of the Auditor General promulgated pursuant to
Section 11.45, Florida Statutes, or submit an attestation
statement. Such audit or statement will be filed with the
Department and with the Auditor General.
a. If the amounts received exceed $100,000, an audit shall
be performed in accordance with the rules of the
Auditor General promulgated pursuant to Section 11.45,
Florida Statutes.
b. If the amounts received exceed $25,000 but do not
exceed $100,000, an audit shall be performed in
accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida
Statutes, or a statement shall be prepared by an
independent certified public accountant which attests
that the receiving entity or organization has complied
with the provisions of the grant.
c. If the amounts received do not exceed $25,000, the head
of the entity or organization shall attest, under
6
penalties of perjury, that the entity or organization
has complied with the provisions of the grant.
d. All audits or attestations as described above shall be
submitted within six months of the close of the
organization's fiscal year for each fiscal year which
includes the receipt or expenditure of funds received
under this Agreement.
19. Local Cost Share
The Grantee must be able to verify at least $50,000 in local
cost share funds for the Project. Any portion of the
$50,000 not verified will be reduced from the amount of the
grant.
20. Independent Capacity of Grantee
a. Each grantee, other than a grantee which is a state
agency, agrees that, its officers, agents and
employees, in performance of this Agreement shall act
in the capacity of an independent contractor and not as
an officer, employee or agent of the State of Florida.
Each grantee, other than a grantee which is a state
agency, is not entitled to accrue any benefits and any
other rights or privileges connected with employment in
the State Career Service. The Grantee agrees to take
such steps as may be necessary to ensure that each
subcontractor of the Grantee will be deemed to be an
independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or
partner of the State.
b. Grant funds cannot be used to pay for the services of a
State employee for time for which the employee is being
paid by the State.
21. Conflict of Interest
The Grantee is prohibited from contracting with a vendor to
carry out grant project activities if any member or officer
of the Grantee is also a board member, corporate officer,
partner, majority stockholder, proprietor or employee of the
vendor or project subcontractor of the vendor.
22. Governing Law
a. This Agreement is executed and entered into in the
State of Florida, and shall be construed, performed,
and enforced in all respects in accordance with the
laws and rules of the State of Florida. Each party
7
shall perform its obligations hereunder in accordance
with the terms and conditions of this Agreement.
b. If any term or provision of this Agreement is found to
be illegal and unenforceable, the remainder of the
Agreement shall remain in full force and effect and
such term or provision shall be deemed stricken.
c. The Grantee agrees that all acts to be performed by it
in connection with this Agreement shall be performed in
strict conformity with all applicable laws and
regulations of the State of Florida.
23 . Preservation of Remedies
No delay or omission to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or
omission be construed as a waiver of any such breach or
default, or any similar breach or default.
24. Non-Assignment
Neither party shall assign, sublicense nor otherwise
transfer its rights, duties or obligations under this
Agreement without the prior written consent of the other
party which consent shall not unreasonably be withheld. Any
sublicense, assignment or transfer otherwise occurring shall
be null and void; provided, however, that the Department
shall at all times be entitled to assign or transfer its
rights, duties or obligations under this Agreement to
another governmental agency in the State of Florida, upon
giving prior written notice to the Grantee. In the event
the Department approves transfer of the Grantee's
obligations, the Grantee remains responsible for all work
performed and all expenses incurred in connection with the
Agreement.
25. Binding of Successors
This Agreement shall bind the successors, assigns and legal
representatives of the Grantee and of any legal entity that
succeeds to the obligation of the Department.
26. Notification
Unless there is a change of address, any notice required by
this Agreement shall be delivered to the Bureau of Historic
Preservation, Division of Historical Resources, Florida
Department of State, R. A. Gray Building, 500 South Bronough
Street, Tallahassee, Florida 32399-0250 for the Department,
8
and to City of Ocoee, 150 North Lakeshore Drive, Ocoee,
Florida, 34761, for the Grantee. Unless the Grantee has
notified the Department in writing by return receipt mail of
any change of address, all notices shall be deemed delivered
if sent to the above address.
27. Entire Agreement
This instrument embodies the whole Agreement of the parties.
There are no provisions, terms, conditions, or obligations
other than those contained herein; and this Agreement shall
supersede all previous communications, representations or
agreements, either verbal or written, between the parties.
No change or addition to this Agreement shall be effective
unless in writing and properly executed by the parties.
The Department and the Grantee have read this Agreement and have
affixed their signatures:
WITNESSES: CITY OF OCOEE
Signature of Authorized
Official
Typed Name and Title of
Authorized Official
DEPARTMENT OF STATE
GEORGE W. PERCY, Director
Division of Historical
Resources
SUZANNE. P. WALKER, Chief
Bureau of Historic
Preservation
9
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for Advanced Grant Payment
SPECIAL CATEGORY GRANTS
TO:
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida, 34761
**Organization's Federal Employment I.D. #: 59-6019764
Total Contract Amount $180, 000. 00
Prior Payment $ 0.00
Balance to Date $180, 000.00
THIS PAYMENT $ 45, 000. 00
Balance Due $ 135, 000. 00
Authorized Signature
Typed Name and Title of
Authorized Official
FIRST QUARTERLY PAYMENT
ORG. CODE: 45204050
E.O. : SC
OBJECT CODE: 710000
CATEGORY: 140020-95
GRANT NUMBER: SC-550
BEGINNING DATE:
ENDING DATE:
DO NOT MAIL WARRANT TO GRANTEE
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for Advanced Grant Payment
SPECIAL CATEGORY GRANTS
TO:
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida, 34761
**Organization's Federal Employment I.D. #: 59-6019764
Total Contract Amount $180, 000.00
Prior Payment $ 45,000. 00
Balance to Date $135, 000.00
THIS PAYMENT $ 45,000.00
Balance Due $ 90, 000. 00
Authorized Signature
Typed Name and Title of
Authorized Official
SECOND QUARTERLY PAYMENT
ORG. CODE: 45204050
E.O. : SC
OBJECT CODE: 710000
CATEGORY: 140020-95
GRANT NUMBER: SC-550
BEGINNING DATE:
ENDING DATE:
DO NOT MAIL WARRANT TO GRANTEE
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for Advanced Grant Payment
SPECIAL CATEGORY GRANTS
TO:
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida, 34761
**Organization's Federal Employment I.D. #: 59-6019764
Total Contract Amount $180, 000. 00
Prior Payment $ 90, 000. 00
Balance to Date $ 90, 000. 00
THIS PAYMENT $ 45, 000. 00
Balance Due $ 45, 000. 00
Authorized Signature
Typed Name and Title of
Authorized Official
THIRD QUARTERLY PAYMENT
ORG. CODE: 45204050
E.O. : SC
OBJECT CODE: 710000
CATEGORY: 140020-95
GRANT NUMBER: SC-550
BEGINNING DATE:
ENDING DATE:
DO NOT MAIL WARRANT TO GRANTEE
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for Advanced Grant Payment
SPECIAL CATEGORY GRANTS
TO:
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida, 34761
**Organization's Federal Employment I.D. #: 59-6019764
Total Contract Amount $180, 000. 00
Prior Payment $135, 000. 00
Balance to Date $ 45, 000. 00
THIS PAYMENT $ 45, 000.00
Balance Due $ 0.00
Authorized Signature
Typed Name and Title of
Authorized Official
FOURTH AND FINAL QUARTERLY PAYMENT
ORG. CODE: 45204050
E.O. : SC
OBJECT CODE: 710000
CATEGORY: 140020-95
GRANT NUMBER: SC-550
BEGINNING DATE:
ENDING DATE:
DO NOT MAIL WARRANT TO GRANTEE