HomeMy WebLinkAboutFlorida Department of Community Affairs Assistance Program Contract 1998
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EVALUATION AND APPRAISAL REPORT
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, in accordance with Chapter 163, Part II, Fla. Stat., and Chapter 9J-5, Florida
Administrative Code (F.A.C.), each local government within the State of Florida is required to
prepare and submit for Department review an Evaluation and Appraisal Report to assess and
evaluate the success or failure of the local government's comprehensive plan; and
WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, Fla.
Stat., has determined that the Recipient is a local government eligible to receive funds under the
Local Government EvalUation and Appraisal Report Assistance Program, hereinafter referred to
as the "Program" and;
WHEREAS, pursuant to the 1997-1998 General Appropriations Act, Line Item 1096, the
Legislature has appropriated $548,691 to fund implementation of the Local Government
Evaluation and Appraisal Report Assistance Program;
NOW THEREFORE, THE DEPARTMENT AND THE RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The D'epartment does hereby contract with the Recipient for the performance of the
services described herein and the Recipient does hereby agree to perform such services under the
terms and conditions set forth in this contract.
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II. Availability of Funds
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Payment of these state funds pursuant to this contract are subject to and conditioned upon
the total release of the funds 'appropriated to implement the Local Government Evaluation and,
Appraisal Report AssistanceProgram. The State of Florida's performance and obligation to pay
under this contract is contingent upon an annual appropriation by the legislature.
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III. General Provisions
(a) The validity of ~e Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to the Department request, or in any
submission or response to fulfill the requirements of this Agreement~ and such information,
representations~ and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Department and within thirty (30) days written notice
to the Recipient, cause the termination of this Agreement and the release of the Department from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is
in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other
right or remedy of the Department hereunder, or affect the subsequent exercise of the same right
or remedy by the Department for any further or subsequent default by the Recipient. Any power
of approval or disapproval granted to the Department under the terms of this Agreement shall
survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts~ anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (public
Law 101-336,42 V.S.C. Section 12101 et sel!,)~ if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations~ transportation, State and local' government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perfonn work as a contrac1Q4..S.upplier, "-".
subcontractor, or corisultantunder a contract with a public entity~ and may not transact business
with any public entity in excess of Category Two for a period of36 months from the date of
being placed on the convicted vendor list.
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IV. Standard Conditions
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be
subject to the same terms and conditions set forth in the initial Agreement. There shall be only
one extension of the Agreement unless the failure to meet the criterial set forth in the Agreement
for completion of the Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of the Chapter 119, Fla. Stat., and made or received by
the Recipient in conjunction with the Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against
the Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
by the Recipeint of the employment ,provisions contained in Section 274A(e) of the INA shall be
grounds' for unilateral cancellation of this Agreement by the Department.
v. 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
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state and local laws and regulations, to undertake, perform, and complete the specified work
products outlined in the Scope of Services, below. The Recipient further agrees that 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
satisfactorily met the requirements of Chapter 163, Part II, Fla. Stat., or Chapter 9J-5, F.A.C.
The Recipient further agrees that nothing herein shall be construed by the Recipient as a waiver
by the Department of its responsibility to conduct a sufficiency review, or its authority to make a
sufficiency determination, for the Recipient's adopted Evaluation and Appraisal Report.
The Department recognizes that the funding received by the Recipient under the Program
constitutes only a partial funding of the actual costs associated with the development,
completion, and adoption of the Evaluation and Appraisal Report, and that the work products
being contacted for constitutes only a portion of the requirements necessary for completion of the
Recipients' Evaluation and Appraisal Report. The Department and the Recipient agree that the
work products funded under this contract must be completed as specified herein in order for the
Recipient to successfully complete its Evaluation and Appraisal Report, and that these work
products are being funded to achieve that end.
(B) Scope of Services
(1) Services provided under this contract shall be in connection with the total
area under the Recipient's planning jurisdiction.
(2) In accordance with ~ 163.3191, Fla. Stat., Rule 9J-5.0053, F.A.C., each
Recipient shall provide appropriate documentation, including, but not limited to, data,
statements, reports, analysis, maps, and work products, that address, at a minimum, the
following:
(a) A detailed workplan that the Recipient will follow in completing the
Scope of Services required by this contract.
(b) . The condition of each comprehensive plan element at the time of plan
adoption,'inc1uding summaries of the <;lata and analysis from each element of the existing plan at
the time of adoption;
(c) The condition of each comprehensive plan element as of the date of
submittal of the work products required under this contract;
(dL,Ao updated, curren~existing" lan.d..use map andJable of existingland__..
uses as of the date of submittal of the work products required under this contract;
(e) A summary that addresses any changes that need to 'be made to the'
Intergovernmental Coordination Element in the preparation of the Evaluation and Appraisal
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Report consistent with Chapter 163.3177 (6)(h), Fla. Stat.
VI. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the Department agrees to pay a
fixed fee up to $14,069. Payment will be made in accordance with Article VII of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of local government staff
members or subcontractors iIi.volved in preparing all or a portion of the required work products
specified in section V (B), Scope of Services, of this contract.
(2) Travel expenses incurred by the Recipient in fulfillment of this contract shall
be in accordance with the provisions of Section 112.061, Fla. Stat.
(3) Funds may not be used for the purchase of equipment, fixtures, or other
tangible property of a nonconsumable 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 oflobbying the Florida
Legislature or a state agency.
VII. Method of Payment
(A) The Department shall pay approximately twenty-five (25) percent ($3,518) to the
Recipient following execution of this contract and the Department's receipt, review, and
acceptance of the workplan that satisfactorily competes the requirements specified in Section
V(B)(2)(a), above, and this section. An acceptable workplan will, at a minimum, address:
(1) The criteria specified in the Scope of Services, and contain appropriate and
relevant documentation; including, but not limited to, data, statements, reports, analyses, maps,
and work products, relating to those issues delineated in Section 163.3191(2) and (3), Fla. Stat.,
and Rul~ 9J-5.0053, F.A.C. The workplan will also include, but not be limited to, the following:
(a) The individual(s) who will be responsible for developing each
componentufthe workplan, including allY subcohtfaclors, -"-- --.. --'
(b) Estimated date of completion of each component of the workplan; ,
(c) Problems or obstacles the Recipient anticipates developing each
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component, and the means that the Recipient will use to resolve these problems or obstacles.
(2) A copy of any subcontract for any or all of the work required by this contract
and entered into by the Recipient will be submitted to the Department as an attaclunent to the
workplan listed above. Absent a copy of the actual signed agreement for any work under this
document that the Recipient subcontracts to be performed will be deemed unacceptable to, and
uncompensable by, the Department.
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(B) The Department shallpay the final seventy-five (75) percent of the funds ($10,551)
following receipt, review and acceptance of the remaining work products specified in Section V,
Scope of Services, above.
(C) The Department shall pay the amounts indicated in this agreement after receipt of the
work products under this contract are deemed by the Department to be acceptable. "Acceptable
to the Department" means that the work product was complete in accordance with professional
planning principles, and is consistent with the requirements of this contract. The Recipient
acknowledges and agrees that payment under this agreement is contingent upon Recipient
providing the Department, on or before October 1, 1998, with all of the requisite work
products in final form, acceptance of the final work products by the Department, and the
Recipient's contract closeout report, as specified below.
VIII. 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 must be received by
the Department no later than October 1, 1998.
(B) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department shall withhold
further 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.
IX. 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
. _4.., audit by state persoone1-and-.G~lYlel-duly-authori1;cd 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.
(C) The Recipient shall provide the Department with an annual financial audit report
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which meets the requirements of Sections 11.45 and 216.349, F. S., 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 fmancial 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 fmancial
assistance specifically identifying all contract and grant revenue by sponsoring agency and
contract number.
(3) The complete fmancial audit report, including all items specified in section
IX(C) (1) and (2) above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(D) The Recipient shall include an accounting of these funds in the annual financial
audit report prepared by the Recipient for the 1996-1997 and 1997-1998 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 applicable
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, iflitigation or an audit has been
initiated prior to the expirati<;>n of the three-year period, the records shall be retained until the
litigation or audit fmdings have been resolved.
(G) Bills for fees or other compensation for services or expenses shall be submitted in
detail s~fficient for a proper preaudit and postaudit thereof.
x. Subcontracts
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(A) If the Recipient 'subcontracts any or all of the work required under this contract, the
Recipient agrees to include in the subcontract specific language to inform the subcontractor that
the subcontract is bound by the terms and conditions of this contract between the Recipient and
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 enters into a subcontract, a copy of the executed subcontract must be
forwarded to the Department as a portion of the workplan required under Section VII(A)(2) of
this agreement.
(D) Any work products produced under the terms of a subcontract entered into by the
Recipient must meet the full terms and conditions, including timeframes, of this agreement
between the Recipient and the Department in order for the Recipient to receive payment from the
Department.
XI. 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.
XII. Contract Term
The contract shall commence on the last date of signing by the parties involved, and will
terminate on October 1, 1998. The Recipient will receive no compensation for work received
by the Department after this date.
XIII. Modification of Contract
Either party may request modification of the provisions of this contract with the
exception tha~ no extensions:will be permitted. The General Revenue funding source cannot
be extended beyond the original timeframes of this agreement. Other changes which are
mutually agreed upon shall be made by written correspondence from the Department and shall be
incorporated. as part of this contract.
XIV. 'Identification of Documents
The--cover-page 01 t~tl\;; page-of-all reports, maps and other documents completed as a part
of this contract shall acknowledge:
"Preparation of this (Map. or Doucment) was aided through
financial assistance received from the State of Florida
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Evaluation and Appraisal Report Assistance Program
authorized by Chapter 93-206, 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.
XV. 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 virtue 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.
XVI, Notice and Contact
(A) The contract manager for this contract is:
Cherie Trainor, Senior Management Analyst I
Division of Resource Planning and Management
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(B) The representative of the Recipient (not a consultant), responsible for the
administration of this contract is:
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(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.
XVII. 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 0 ials as duly authorized.
RECIPIENT:
BY:
(Signature) 1 -Po 'Thr tv\~or
'tJ'ItM:.S Name: ~q Y\ \ c.. e.... ~ c. \ \ Q. ~ ~ {) ,~~~
(please Type or Print)
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Title: ~ Q. fVl -A 1'\ ~ (2)-
(please Type or Print)
Date: G:,/Ib/q~ Witness
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STATE OF FLORIDA
::~ARw;fMillIT~
Ca..ro I A. FOr+nMUI')
Name: Charles G. Pattison
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Title: birector Division of
__m Date:--'- Witness: cfL
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