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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES JAMES F. MURLEY
Governor Secretary
June 30, 1998
The Honorable Paul P. Partyka
Mayor, .City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Re: Contract Number: 98-DR-1G-06-69-02-039
Dear Mayor Partyka:
Enclosed is an original executed contract between the Department of Community Affairs
and your local government which covers the funding you will receive under the Evaluation and
Appraisal Report Assistance Program during the current fiscal year. The Department will
authorize the release of the initial 25 percent of your funding allocation following the receipt and
approval of the workplan specified in Section V on page 3 of this contract. A model workplan
has been attached.
To expedite the payment process, enclosed is a memorandum requesting the initial 25
percent payment under this contract. This memorandum must be signed by the chief elected
official or by the local government representative who signed the original grant contract. The
Department cannot initiate any payments without receipt of the request for payment.
Please note that this contract expires on October 1, 1998. All work products specified in
this contract must be received by the Department of Community Affairs by the above date for
release of the balance of your funds under this contract. It is very important that these items be
received by this date.
If you intend to subcontract the work authorized by this program, please note Section IX
on pages 6 and 7 of this contract. Your contract with the subcontractor must bind the
subcontractor by the terms and conditions of this contract with the Department and must hold the
Department and the grant recipient harmless against all claims arising out of the subcontractor's
performance. Additionally, you must send the Department a copy of the executed subcontract
before any work products under this contract are submitted to the Department (see Sample
Agreement, enclosed).
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFCE P.0. Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summerlin
Marathon, Florida 33050-2227 Miami, Florida 33159-4022 Bartow, Florida 33830-4641
The Honorable Paul P. Partyka
June 30, 1998
Page Two
If you have any questions, please contact Beth Elrod at (850) 488-2356 or fax number
(850) 488-3309.
S' erely,
Carlton Ingram
Planning Manager
Cube
Enclosure
cc: Thomas Grimms
r.
J
SAMPLE AGREEMENT
AGREEMENT made this day of 1994, by and
between (herein referred to as
the ") and a Florida corporation
(herein referred to as "CONSULTANT").
WITNESSETH:
WHEREAS, the desires to appoint a consultant familiar
with comprehensive planning to prepare the Evaluation and
Appraisal Report pursuant to the 1985 Local Government
Comprehensive Planning and Land Development Regulation Act; and _
WHEREAS, the has complied with the Consultants
Competitive Negotiations Act and has selected CONSULTANT as its
engineering-planning-surveying consultants;
WHEREAS,
for the
herein.
CONSULTANT wishes to accept appointment as consultant
under the terms and conditions stated
NOW THEREFORE, the parties hereto do mutually agree as follows:
I. DUTIES
The
CONSULTANT to
herein.
hereby appoints as
to perform the duties as specified
II. SCOPE OF SERVICES
CONSULTANT shall review, update and. otherwise prepare work
products described below. Such work products shall be
completed in accordance with and meet all applicable
requirements of Chapter 163, Part II, Florida Statutes,
Chapter 93-206, Laws of Florida, and Chapter 9J-5, F.A.C.
CONSULTANT agrees to comply with and is bound by all the
terms and conditions as specified in the Florida Department
of Community Affairs (DCA) Contract No. a
contract between the and DCA (attached as
Exhibit "A" and incorporated herein by reference).
.``~
III. COMPENSATION AND METHOD OF PAYMENT
A. CONSULTANT shall be compensated for preparation of the
documents and performance of all duties set forth in the.
"Scope of Services "portion of this Agreement based on
chargeable rates as listed on Exhibit "A" attached hereto,
plus reimbursement for expenses incurred that are reasonable
and necessary for completion of this -work program. _ _`__ _ __ _ _____ _ _
Reimbursable expenses shall include costs for:
1. Materials
2. Reproduction and copying
3. Other out-of-pocket expenses as approved by the
B. CONSULTANT shall invoice the on or before the
15th day of each month for services rendered by CONSULTANT
during the previous month. All invoices shall include a ~-
breakdown of man-hours incurred and tiemization of
reimbursable expenses. Payments shall be issues to
CONSULTANT by the within 30 days of receipt of
the invoice.
C. Compensation and expenses payable CONSULTANT hereunder shall
not exceed the total sum of
($
D. Notwithstanding anything above to the contrary, CONSULTANT
shall complete its scope of services in full and perform all
duties called for on its part under this contract •f or
compensation that shall not exceed $ If
CONSULTANT has invoiced the for compensation in
the amount of $ and has not completely performed
all duties set forth in the "Scope of Services" portion of
the agreement, then CONSULTANT shall complete all duties set
forth in the "Scope of Services" and otherwise perform all
terms and provisions of this agreement without being
entitled to or receiving further compensation under this
agreement, unless this Ageement is modified by the
and the CONSULTANT.
IV TIME OF PERFORMANCE
A.
The effective date of this Agreement shall commence on
and continue through submittal of the
Evaluation and Appraisal Report pursuant to
Section II of this Agreement, on or before
_ _ •r
Nothing in this Agreement shall prevent, limit or otherwise
g. to terminate the
interfere with the right of the roviding at least two
services of CONSULTANT at any time by p
(2) weeks written notice stating the date of terminatio~hef
so notify CONSULTANT,
services. Should the
shall compeivetdateNof theTte~mination.e and
expenses to the effect
erform all duties set forth_ __ _.,_
- C. CONSULTANT agrees to completely p reement, on or
in the "Scope of Services" portion of this Ag
before August 8, 1995.
V. GENERAL STATEMENTS
p,. Notwithstanding aonlhlhaveothelrightetolsub contracttrary,
CONSULTANT shall y
professional serviceontractebetween theoStatenofrFlorida
Assistance Program C
Department of Community Affairs and ) and in
(DCA Contract No. rovisions thereof.
accordance with the terms and p copies of any and
CONSULTANT shall submit to the
all work products prepared pursuant to said subcontract for
professional services. The costs of all suck work soa able
subcontracted shaONSULTANTlshalllforward invoucesofor such
to CONSULTANT. C to ether with its regular
work that has been subcontracted, g
monthly billings.
g, The agrees to cooperate fully with CONSULTANT
in the timely preparation of the procedural and timing
requirements for any planning and zoning activities as set
forth in the~1985 Local GooTeo~hertrelatedhstateelawsnandg
and Land Development Act
rules. CONSULTANT shall not be held liable e°ified aboveri~f
to comply with the timing requirements as sP to meet
the delay was caused by failure of thei
its obligations in a timely manner.
No modification or change of the Agreemnn`vriting and alid or
C.
binding upon the parties unless it is i
executied by the party or parties to be bound thereby.
D, In the event that any part, term or provision of this
Agreement is found by a court of competent jurisdiction to
be illegal, the validity of the remaining portions and
provisions shall notabtiesfshall bedcontruedhandaenforced as
obligations of the p articular part, term
if the Agreement did not contain the p
or provision held to be so invalid.
~' '~:~.
E. In the event of any ligigation between the parties arising
out of or relating to this agreement, the rpevailing party
shall be entitled to recover all costs incurred and -- --
reasonable attorney's fees including attorney's fees in the
appellate court system.
F. CONSULTANT understands that as subcontractor to a contract
between and the Florida Department of Community
Affairs, CONSULTANT is bound by the terms and conditions Q£ _ __ _
the contract between and the Florida Department
of Community Affairs..
G. CONSULTANT hereby agrees to hold and the Florida
Department of Community Affairs harmless against all claims
of whatever nature arising out of CONSULTANT'S performance
of work under DCA Contract No. to the
extent allowed and required by law.
H. The CONSULTANT shall, at its own expense, during the term of
this Agreement, continuously maintain in force a Liability
Policy for the benefit of the in the maximum
amount of $
IN WITNESS WHEREOF and CONSULTANT
have executed this Agreement on this day of 1994.
BY:
ATTEST:
BY: _
WITNESSES: