2008-09GRANT WRITING CONTRACT
This Grant Application Preparation Contract entered into as of this alp Ada of
Y
2008, by and between FRED FOX ENTERPRISES, INCORPORATED,
(hereinafter referred to as the Grantsman), and CITY OF CLERMONT, (hereinafter
referred to as the Local Government.)
WITNESSETH THIS RECITAL:
WHEREAS, the Local Government is interested in applying for a Florida
Communities Trust -Florida Forever grant application hereinafter referred to as the
"Project", and
WHEREAS, the Grantsman is now available, willing, and qualified to perform
professional services in connection with the Project, to-wit;
ARTICLE 1
SCOPE OF SERVICES OF THE GRANTSMAN
NOW THEREFORE, the participants hereto agree as follows: (1) Grantsman will
compile information from the Local Government as it relates to the specific application(s)
described herein and develop one or more application(s) to the Florida Communities Trust
from the compiled information. (2) The Grantsman is authorized to represent the City at
any Florida Communities Trust meetings held in conjunction with the application cycle.
WHEREAS, the Local Government is desirous that the Grantsman perform such
services regarding the Project, the Local Government does hereby engage the Grantsman
to perform such services noted above on the Project and the Grantsman agrees to perforni
such services to-wit: To request and compile specific information from the Local
Government as required to prepare the application(s) and to coordinate with the Local
Govermment preparation of the application (s) for review by the Local Government prior to
the submission date, and
To serve the Local Government as its professional representative and coordinate
NOW THEREFORE, the parties hereto agree as follows:
ADTT!'TL'7
RESPONSIBILITY OF THE LOCAL GOVERNMENT
The Local Government's responsibility in regard to the subsection
"RESPONSIBILITY OF THE LOCAL GOVERNMENT" shall be:
1. To encourage the personnel of the Local Government to cooperate and assist the
Grantsman in the compiling of all data associated with the Florida
Communities Trust -Florida Forever Grant application(s).
2. To provide all documentation needed by the Grantsman to properly prepare the
application(s).
ARTICLE 3
PERIOD OF PERFORMANCE
The period of performance under this Project shall begin upon the signing of this
contract and shall be completed upon submission of the Florida Communities Trust -
Florida Forever application(s) to the State of Florida as well as completion of any related
site visits from the Florid Communities Trust and/or Department of Community Affairs for
the application(s) as applied for herein.
ARTICLE 4
COMPENSATION
The Local Government agrees to pay the Grantsman and his associates in
the following manner: An amount equal to one and a half percent (1.5%) of the amount
that is funded for the project. Payment would only be due and payable if the project is
funded by the Florida Communities Trust. It is understood by both parties that the fee
required for a Botanist to prepare a study of plants and animal habitat on the parcel(s) to be
purchased or the cost of any other study that is preformed by a third party consulting firm
or agency as part of the preparation of said application(s) is not included in this contract
ARTICLE 6
CONFLICT OF INTEREST
The Local Government having been so advised by the Grantsman does hereby
recognize that the Grantsman has provided similar services in the past to Local
Governments and other Business Entities and may be so engaged in a similar Project at this
time or in the future and the parties agree that these projects by the Grantsman do not
constitute as conflict of interest with the Project.
ARTICLE 7
SOCIAL SECURITY
The Local Government is not liable for Social Security contributions pursuant to
Section 481, 42 U.S. Code, relative to the compensation of the Grantsman during the
period of this contract.
ARTICLE 8
CONTRACT AMENDMENT
The terms and conditions of this contract may be changed at any time by mutual
written agreement of the parties hereto. All such changes shall be incorporated as written
amendments to this contract.
ARTICLE 9
TERMINATION
This contract may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its obligations under
this contract through no fault of the terminating party, provided that no termination may
be effected unless the other party is given (1) not less than ten (10) calendar days written
notice (delivered by certified mail, return receipt requested) of intent to terminate and (2)
an opportunity for consultation with the terminating party prior to termination.
`-l~}tir rnntrart matt }~a tarrninatall in ivhnlA nr in r~ort in cvritinn her tl-~a l~rol ~
information, as may have been accumulated by the contractor in performing this
contract, whether completed or in process.
Upon termination, the local government may take over the work and may award
another party a contract to complete the work described in this contract.
ARTICLE 10
RECORDS
The Local Government, the Florida Communities Trust, the Florida
Department of Community Affairs, the Comptroller General of the State of Florida,
and any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of the contractor which are directly pertinent to this
contract for the purpose of making audit, examination, excerpts, and transcriptions.
The Grantsman shall retain all records relating to this contract and project in
accordance with all federal, state and local guidelines for the requisite time period.
ARTICLE 11
WAIVERS/VENUE/LAW
The parties hereby agree that the laws of the State of Florida shall govern
this Agreement. Any legal action instituted or arising out of this Agreement shall
be brought in the courts of Lake County, Florida.
ARTICLE 12
SEVERABILITY
It is agreed by and between the parties that if any covenant, condition or provision
contained in this Agreement is held to be invalid by any court of competent jurisdiction,
such invalidity shall not affect the validity of any other covenants, conditions or provisions
herein contained.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals:
LOCAL GOVERNMENT
,-----
-~--~'-~~Nl,4~a,~
T~ (Name and Title)
CITY OF CL RMONT
DATE: $
GRANTSMAN:
~~~
FRED D. FOX
PRESIDENT, FRED FOX
ENTERPRISES, INC.
DATE: ,moo
ATTES ED BY:
7
STATE OF FLORIDA
COUNTY OF ST. JOHNS
PERSONALLY APPEARED BEFORE ME
the undersigned authority, FRED D.
FOX, who, after first being sworn by
me, affixed his signature irl I~ie space
provided above on this ~ ay of
~~b~ ~~~~, 2008.
NOTARY PUBLIC
My Commission Expires: ,X ` 1- ~~ t
:~a~ P~e• MARCIA L. WILLIS
~
a° ~'~~. NOTARY PUBLIC - STATE OF FLORIDA
t
' COMMISSION#DD7051200
~
'•'+, °a-`°.' EXPIRES8M72011
BONDED THRU 1-88B-NOTARYt
SWORN STATEMENT UNDER SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE AUTHORIZED
TO ADMINISTER OATHS.
1. This sworn statement is submitted with the Enterprises General Administration Agreement for
Fred Fox, 1nc., and the City of Clermont.
2. This sworn statement is submitted by Fred Fox Enterprises, Inc. whose business address is
330 St. Johns Avenue, Palatka, Florida 32177, and (if applicable) its Federal Employer
Identification Number (FEIN) is 59-2443697.
3. My name is Fred D. Fox, and my relationship to the entity named above is President of the
Corporation.
4. I understand that a "Public Entity Crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transactions of business with any public entity or with an agency or political
subdivision of any other state of with the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other stat or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with orwithout-adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among person when not for fair market
value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the preceding
36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goads or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
XX Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management
of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity
GENERAL GRANT WRITING CONTRACT
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order entered
by the hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
(Please attach a copy of the fina{ order.)
The person or affiliate has not between placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of General Services.)
r ~i~~
Fred D. Fox (Signature)
Date: r~ o~~
STATE OF FLORIDA
COUNTY OF ST. JOHNS
PERSONALLY APPEARED BEFORE ME, Fred D. Fox, individually known to
me, who, a er first being sworn by me, affixed his signature in the space provided above
on thi~~~,lay of ~~ , 200
NOTARY PUBLI
My Commission Expires: ~ t`1 ~ :fit
.`'a'v P,;~•• MARCIA L. WILLIS
~
?~ ~¢ ; NOTARY PUBLIC - STATE OF FLORIDA
o COMMISSION#DD7051200
••
'sr ~°~'
•' EXPIRES gl17I2011
•••E 0 P f~~
'"•••' ?DONDEDTHRU 1-8H&NOTARYI