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HomeMy WebLinkAboutFlorida Department of Community Affairs Emergency Mgmt 1998~x3 F U, ~_ _ ): ~lL4 ~ ,p ~ rA ~ i i, ~ ~, JAL 13 19gg ~~ ~ ~~ T Eke - 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: