HomeMy WebLinkAboutFlorida Department of Community Affairs Assistance Program Contract 1992
92-LP-SO-06-69-02-091
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION
ASSISTANCE PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as
the "Department", and the City of Winter Springs, hereinafter
referred to as the "Recipient".
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, Florida Statutes, and Chapter 91-193, Laws
of Florida, has determined that the Recipient is eligible to
receive funds under the Local Government Land Development Regula-
tion Assistance Program, hereinafter referred to as the "Program".
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient to
perform the services described herein and the Recipient does
hereby agree to perform such services under the terms and condi-
tions set forth in this contract.
II. Availability of Funds
Payment of these state funds pursuant to this contract are
subject to and conditioned upon the total release of authorized
appropriations from the Local Government Land Development Regulation
Assistance Program provided by Chapter 91-193, Laws of Florida.
The State of Florida's performance and obligation to pay under
this contract is contingent upon an annual appropriation by the
legislature.
III. Definition, Scope and Quality of Service
(A) Intent of the Contract
The Recipient agrees, under the terms and conditions
of this contract and the applicable state and local
laws and regulations, to undertake, perform, and com-
plete all or a portion of the necessary technical
services required to prepare or revise land
development regulations required by Section 163.3202,
Florida Statutes, and to prepare a report which
explains how the land development regulations are
consistent with and implement the adopted
comprehensive plan as identified in the scope of
services. Neither the Department's entering into
this agreement nOr its acceptance of the Recipient's
work products shall be construed as a determination by
the Department that the local government has met any
of the requirements of Chapter 163, Florida Statutes,
or any provisions of the Florida Administrative Code.
(B) Scope of Services.
( 1) Attachment A, Scope of Services, is hereto
incorporated by reference.
(2) Except in areas where the Recipient is a charter
county with overall planning responsibilities ,or has
documented planning requirements through a joint
agreement, services provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction~
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IV. Consideration
(A) Amount of Consideration
As consideration for work rendered under this con-
tract, the Department agrees to pay a fixed fee up to
$22,924. Payment will be made in accordance with
Article V of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of local
government staff members or subcontractors involved
in preparing all or a portion of the required land
development regulations and a report which explains
how the land development regulations are consistent
with and implement the adopted comprehensive plan
pursuant to an approved scope of services.
(2) Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions of Section 112.061, Florida
statutes.
(3) Funds may not be used for the purchase of equipment,
fixtures, or other tangible property of a nonconsum-
able and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
(4) These funds may not be used for the purpose of lobby-
ing the Florida Legislature or a state agency. '
V. Method of Payment
The Department shall pay the full amount after receipt of
the work products under this contract which are deemed
acceptable by the Department. "Acceptable to the Depart-
ment" means that the work product was completed in accord-
ance with professional planning principles and is consist- '
ent with the scope of services.
VI. Required Reports and Records
(A) The Recipient shall provide to the Department a
contract closeout report consisting of a copy of each
work product produced under this program. The report
shall be received by the Department no later than
April 1, 1992.
(B) If all required reports and copies, prescribed above,
are not sent to the Department or are not completed
ina manner acceptable to the Department, the
Department shall withhold payments until they
are completed. The Department may terminate this
contract if reports are not received within ten (10)
days after notice by the Department.
VII. Audit Requirements
(A) The Recipient agrees to maintain adequate financial
procedures and adequate support documents to account
for the expenditure of funds under this contract.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state
personnel and other personnel duly authorized by the
Department. ' "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean
normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday.
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(C) The Recipient shall provide the Department with an
annual financial audit report which meets the re-
quirements of Sections 11.45 and 216.349, Florida
statutes, and Chapter 10.550, Rules of the Auditor
General, and OMB Circular A-128 for the purposes of
auditing and monitoring the funds awarded under this
contract.
(1) The annual financial audit report shall include all
management letters and the Recipient's response to
all findings, including corrective actions to be
taken.
(2) The annual financial audit report shall include a
schedule of financial assistance specifically identi-
fying all contract and grant revenue by sponsoring
agency and contract number.
(3) The complete financial audit report, including all
items specified in items VII (C) (1) and (2) above,
shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(D) The Recipient shall include an accounting of these
funds in the annual financial audit report prepared
by the Recipient for the 1991-92 and 1992-93 fiscal
years.
(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with
the conditions of this contract the Recipient shall
be held liable for reimbursement to the Department of
all funds not spent in accordance with these applica-
ble regulations and contract provisions within thirty
(30) days after the Department has notified the
Recipient ,of such noncompliance.
(F) The Recipient shall retain all financial records,
supporting documents, statistical records, and any
other documents pertinent to this contract for a
period of three years after the date of submission of
the final expenditures report. However, if litiga-
tion or an audit has been initiated prior to the
expiration of the three-year period, the "records
shall be retained until the litigation or audit
findings have been resolved.
(G) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for
a proper preaudit and postaudit thereof.
VIII. Public Records
The Department reserves the right to unilaterally cancel
this agreement for refusal by the Recipient to allow 'public
access to all documents, reports, papers, letters or other mate-
rial, subject to the provision of Chapter 119, Florida Statutes,
prepared or received by the Recipient in conjunction with this
contract.
IX. Subcontracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to
include in the subcontract that the subcontractor is
bound by the terms and conditions of this contract
with the Department.
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(B) The Recipient agrees to include in the subcontract
that the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance
of work under this contract, to the extent allowed
and required by law.
(C) If the Recipient subcontracts, a copy of the executed
subcontract must be forwarded to the Department
within 10 days after execution.
X. Liability
The Recipient hereby agrees to hold harmless the
Department, to the extent allowed and required by law, from all
claims, demands, liabilities and suits of third persons or
entities not a party to this contract arising out of, or due to
any act, occurrence, or omission of the Recipient, its
subcontractors or agents, if any, that is related to the
Recipient's performance under this contract.
XI. Contract Term
The contract shall commence on the last date of signing by
the parties involved, and will terminate on May 1, 1992,
unless the Recipient has received an extension pursuant to Rule
9J-31.005(7) , Florida Administrative Code. Extensions of con-
tract pursuant to this Rule shall not be construed as an exten-
sion of the due date for adoption of land development regulations
purusant to Section 163.3202, Florida Statutes, and Rule Chapter
9J-12, Florida Administrative Code.
XII. Modification of Contract'
Either party may request modification of the provisions of
this contract. Changes which are mutually agreed upon shall be
made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIII. Identification of Documents
The cover page or title page of all reports, maps and other
documents completed as a part of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Land Development Regulation
Assistance Program authorized by Chapter 91-193, Laws of
Florida, and administered by the Florida Department of
Community Affairs."
The date (month and year) the document was prepared and the name
of the subcontractor or Recipient community responsible for its
preparation shall also be shown.
XIV. ' Termination
(A) This contract may be terminated by the written mutual
consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely
and proper manner its obligations under this
contract, the Department shall have the right,
without liability, to terminate this contract within
ten (10) days after giving written notice to the
Recipient of such termination. The Department may
also require a pro rata repayment for funds paid to a
Recipient who breaches any part of this contract.
(C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by v~rtue of
any breach of contract by the Recipient. The
Department may withhold any payments'to the Recipient
for purpose of set-off until such time as the exact
amount of damages due the Department from the
Recipient is determined.
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xv. Notice and 'Contact
(A) The contract manager for this contract is Bob Collins,
Bureau of Local Planning, Grants and Publications Section.
(B) The Representative of the Recipient responsible for
the administration of this contract is
Jacqueline Koch , Dir. of Admin./eitv Planner .
(C) In the event that different representatives are
designated by either party after execution of this
contract, notice of the name, title and address of
the new representative will be rendered in writing to
the other party and said notification attached to the
original of this contract.
XVI. Terms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
BY:
Name and Title P;~/LlP 4,k!wL~ 8.,- /!J /I- Pd ~
, /
Date Ute- 0 IC?1; Witness ~A~-;: tl-Mt;
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY: jJ~ /L",~
Name and Title 7tD~ e L!..r ,oe ..tIuo<:!..'I< c- rll l!'"/=
' ,
Date /-10- 91-
. 5
92-LP-SO-06-69-02-091
ATTACHMENT A
A. SCOPE OF SERVICES - Describe, in outline form, the work
products that will be completed during this contract period using
only the allocated funding. Identify~ in the column to the
right, the specific sections of Chapter 163, Part II, Florida
Statutes, that will be completed by each work item listed. (If
necessary, Please copy this page and continue).
WORK PRODUCTS I SECTION OF CHAPTER 163, F.S. or
RULE CHAPTER 9J-31, F.A.C.
1. Report which explains how 1. 9J-31.00S(2) (e), F.A.C.
the LDRs are consistent
with and implement the
adopted comprehensive
plan, as required by
s.163.3202(1), F.S.
2. Land Development 2.
Regulations which govern
the following: '
(a) Use of land and water (a) s.163.3202(2) (b), F.S.
(b) Protection of environ- (b) s.163.3202(2) (e), F.S.
mentally sensitive
lands
(c) Signage (c) S.163.3202(2) (f), F.S.
(d) Onsite traffic flow (d) s.163.3202(2) (h), F.S.
and parking
(e) Performance standards (e) S.163.3202(3), F.S.
for Town Center flexible
classification
ALL WORK PRODUCTS WILL,BE COMPLETED IN ACCORDANCE WITH THE
APPLICABLE REQUIREMENTS OF CHAPTER 163, PART II, F.S., AND RULE
CHAPTER 9J-31, F.A.C., AS REFERENCED ABOVE.
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