2005-51 �t • ' A p J _ ' e J _
GRANT WRITING CONTRACT
This Grant Application Preparation Contract entered into as of this i day of
2005, by. and between FRED FOX ENTERPRISES, INCORPORATED,
(hereinafter referred to as the Grantsman), and CITY~=OFTCLERMONT, (hereinafter
referred to as the Local Government.)
WITNESSETH THIS RECITAL:
WHEREAS, the Local Government is interested in applying for a Community
Development Block Grant in the Commercial Revitalization and/or Economic
Development categories project 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 Department of
Community Affairs from the compiled information. (2) The Grantsman is authorized to
represent the City at the Department of Community Affairs workshop that is 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 perform
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
Government 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
various phases of the Project to which this grant Application Contract applies, and
NOW THEREFORE,the parties hereto agree as follows:
ARTICLE 2
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 Community
Development Block 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 Community Development Block
Grant application(s) to the State of Florida as well as completion of any related site visits
from the 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: Compensation for the Grantsman shall be equal to One Dollar ($1.00)
and other valuable consideration, the sufficiency and receipt of which is hereby
acknowledged for each application that is funded.
ARTICLE 5
LOCAL GOVERNMENT CONTACT PERSON
The contact person who will represent the Local Government in all matters
pertaining to the Project shall be Mr.''Wayne'Saunder , or his designee.
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.
This contract may be terminated in whole or in part in writing by the local
government for its convenience,provided that-the-other party is afforded the same
notice and consultation opportunity specified above.
Upon receipt of a termination notice, the Grantsman shall promptly discontinue
all work(unless the notice directs otherwise) and deliver or otherwise make available to
the local government all data, reports, documents, and work product and all other such
•
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 Department of Community Affairs, the
U.S. Department of Housing and Urban Development, the Comptroller General of the
United States, 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
WAIVERSNENUE/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 Jake 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 GRANTSMAN:
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(Name and Title)- FRED D. FOX
CITY OF CLEWe N'I PRESIDENT, FRED FOX
DATE: -- Pio Y' ENTERPRISES, INC.
/ DATE: tot /o5-
ATTE TED BY: STATE OF FLORIDA
r COUNTY OF PUTNAM
``��/i 1.4.44iiii PERSONALLY APPEARED BEFORE ME
/ the undersigned authority, FRED D .
FOX, who, after first being sworn by
me, affixed his signature in the space
provided above on this 4"+4` day of
arA2 , 2005
etabtiri4s( tattatt
NOTARY PUBLIC
My Commission Expires:
SYP44 CATHERINE E TUCKER
y Vilize MY COMMISSION# DD 155976
llo►f�0' EXPIRES October 8,2006
1-8063NOTARY FL Notary Service 8 Bonding Inc
e . •
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, Inc , 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 or without 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 fury 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 goods 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
crime subsequent to July, 1, 1989
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management
of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (Please indicate which additional statement applies)
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 final 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 )
Y,(ajef,-%
Fred D Fox(Signature)
Date 4/6/o
o
STATE OF FLORIDA
COUNTY OF PUTNAM
PERSONALLY APPEARED BEFORE ME, Fred D. Fox, individually known to
me, who, after first beingsworn by me, affixed his signature in the space provided above
+
on this( day of ► pr, I , 2005.
( twt
NOTARY PUBLIC
My Commission Expires:
aFarrT6 CATHERINE E.TUCKER
4, MY COMMISSION# DD 155976
hof 0.4' EXPIRES October 8,2006
1-800.3-NOTARY FL Notary Seance 8 Bonding,Inc