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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~ 1 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. 2 (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. 3 (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. 4 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. 6 -, ~,