HomeMy WebLinkAboutFlorida Department of Community Affairs Assistance Program Contract PE
92-LP-50-06-69-02-091
STATE OF FLORIDA
. DEPARTMENT OF COMMUNITY AFFAIRS
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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 unde,:r:,_.!,he 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 appro~riation 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 applicablestat~ 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 Depart~ent's entering into
this agreement nor its acceptance of the Recipient's
work products shall be 'construed as a determination by
the Departm~nt that the local government 'has met any
of the requir~mentsof,Chapter 163, Florida Statutes,
or any provisions of the Florida Administrative Code.
(B)
(1)
" ,
Scope of,Services.
(2) ,
Attachment A, Scope of Services,is h~reto
inc6rporated by ref~rence.
Except in areas,' where the Recipient is . acharter~",
countywith'overal,L, planning, ;,r.e'spons:ibJ.l:iti~s;;i:6~p:a~, ,
documented,,:planni~g:;r;eq.uireirte,r'it:s;~,tlfr6ligh::;a::.;;)!dint' ,~<,"/", ,.'
agreement, 's~rvices .provi'd'ed':,urider~this'''',c'oritr.act ' ' ,
shall be' in' connection with the total area under the
Recipient's jurisdiction.
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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)
(1)
Use of Funds
(2)
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.
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 Qf 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 FloFida,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 s~all provide to the Department a
contract clo~eout 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
,in a 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 Recipi~nt agrees to maintain adequate financial
procedures and adequate support documents to account
for'the expenditure of funds under this contract.
These'records shall be available at all reasonable
times for inspection, 'review, or audit by ~tate
personnel and other personnel ,duly authorized by the
,Department. "Reasonable" shall be construed '
according to 'circumstances, but ordinarily ,shall mean
normal business' nours of 8: 00 ,a.m. ,to 5:00p.m.,"
local time, Monday'th,roug'h 'Fri'day~'" ;;>"l"i ,';;"j~'::"',,;;1;' .," .,.',
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(B)
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(C)
(1 )
(2 )
(3)
(D)
The Recipient shall provide the Department with an
annual financial audit report which meets the re-
quirements ,of sections 11.45 and 216.349, Flor~da
Statutes, and Chapter 10.550, Rules of the Aud1tor
General, and OMB Circular A-128 for the purposes o~
auditing and monitoring the funds awarded under thlS
contract.
The annual financial audit report 'shall include all
management letters and the Recipient's response to
all findings~ including corrective actions to be
taken.
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.
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
~740 centerview Drive
Tallahassee, Florida 32399-2100
(E)
The Recipient shall include an accounting of these
funds in the ~nnual financial audit'report prepared
by the Recipient for the 1991-92 and 1992-93 fiscal
years.
In the event the audit shows that the entire fund, or
portion thereof, 'was not spent in a6cordance 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 contradt 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
expiiation 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 Depart~ent reserves th~ right to unilaterally cancel
this agreement for refusal by the Recipient to allow public
access to all docl.lments, reports, ,papers, letters or other mate-
rial, subject to the provision of Chapter 119,Florida Statutes,
prepared or received by the Recipient in conjunction ~ith this
contract. '
IX. Subcontracts
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,(A)
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If the Rec'ipient subcontra'cts' ariy'6raI~c.?f :tae:yior~~.'
required underthisj:i?oJ1trac~"tJie.'R~q;rp',i~)-i:t,,;~g~e;:~s t:'6,
inc1ude:in the 'stibc6T1tract,;that.'5,t'JH~;~~sl1'B--d'o5'tr~ct:or.' is., ' ,
. . . . : ~ .' '. . _ ..(.: '0_ . , .. .'w, .- I' ,t_ ~..F' _. :. _ . ..,' - : . :...:~., "/;. I.,....... ~ ,"I' ''''':-(''','- .'
boundbythe',terms,and' qonditi6ris::Of'this c6ne:f'a:ct;"~:",,.
with the Departm~nt. ' , ' ,
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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 ~rising out of the subcontractor's performance
of work under this contract, to the extent allowed
and required by law.
If the Recipient subcontracts, a.copy of the executed
subcontract must be forwarded to the Department
within 10 days after execution.
(C)
X. Liability
The Recipient hereby agrees to ho,ld 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 Ruie 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
Eitner party may request modification of the provisions of
this contract. Changes which are mutually agree~ 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 m;: 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 da,te (month and year) the document was prepared and the name
of the subcontractor or Recipient community responsible for its
preparatiori 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 fuliillin a timely
and proper manner, its obligations under this
contract, the Departm~nt 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 ' '
.D.epartment may withhold any payments. to .the ,Recipient
,for'purpose of set-6ff until'such time ,as the exact
amount of damages due the Department from the
Recipient is determined.
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xv.
~otice and Contact
(A)
The Gontractmanager 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./CitvPlanner
(C) In the event that different representatives are
designated by either party after executiQn 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.
RECIPIEN{'---) /1 /', ,
BY: .. \7 (L<-c~
Name and Title 01r'i.-//' ,q J::c/Li~ 3,
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!1.' j).n Y;" /)
/ 'j II (' 1'-/
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Date
Ut--C. ~; l;0
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Wi tness ~A-r-;: 12Mt;:;
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title
Date,
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92-LP-SO-06-69-02-0
ATTACHMENT A
~ Describe, in out+ine form, the work
,~hat will he completed during this contract period using
e',:'allocated funding. Identify, in the column to the
/the specific sections of Chapter 163, Part II, Florida
~qtes, that will be completed by each work item listed. (If
~ essary, Please copy this page and continue).
WORK PRODUCTS
SECTION OF CHAPTER 163, F.S. or
RULE CHAPTER 9J-31, F.A.C.
y
1. Report which explains how
the LDRs are consistent
with and implement the
adopted comprehensive
plan, as required by
s.163.3202(1), F.S.
1. 9J - 31. 005 (2) (e), F. A. C.
2. Land Development
Regulations which govern
the following:
2.
(a) Use of land and water
( a ) s . 163 . 3 202 ( 2 ) (b), F. S .
( b) s . 163 . 32 02 (2) (e), F. S .
(b) Protection of environ-
mentally sensitive
lands
(c) Signage
(c) s . 16 3 . 3 2 0 2( 2 ) (f), F. S .
( d ) s . 16 3 . 3 2 0 2 ( 2) (h), F. S .
(d) Onsite traffic flow
and parking
(e) Performance standards
for Town Center flexible
classification
(e) s.163.3202(3), F.S.
12:,;
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ALL WORK PRODUCTS WILL BE COMPLETED IN ACCORDANCEWITH,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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