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HomeMy WebLinkAboutFlorida Department of Community Affairs Evaluation & Appraisal Report 1998 aB-D]Z- ~ C~- b~-~a - na-o3q STATE OF FLORIDA DEPARTMENT OF COMMiJNITY AFFAIRS ~i'ALUATION 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 Department 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. II. Availability of Funds 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 Assistance Program. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. III. General Provisions (a) The validity of the 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 aze 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, any one 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 U.S.C. Section 12101 et se . , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the azeas 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 awazded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 2 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 U.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 3 ~~ .;~ ~t 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 aze being funded to achieve that end. (B) Scope of Services (1) Services provided under this contract shall be in connection with the total azea 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 produ~, cs, 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, including summaries of the data 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; (d) An updated, current "existing" land use map and table of existing land 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 4 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 involved 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 of lobbying 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 Rule 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 component of the workplan, including any subcontractors; (b) Estimated date of completion of each component of the workplan; (c) Problems or obstacles the Recipient anticipates developing each 5 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 attachment 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. (B) The Department shall pay 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 aze 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, aze 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 adeq~iar..e 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. (C) The Recipient shall provide the Department with an annual financial audit report 6 ~~ which meets the requirements of Sections 11.45 and 216.349, F. S., and Chapter 10.550, Rules of the Auditor General, and OMB Circulaz A-128 for the purposes of auditing and monitoring the funds awazded 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 financial 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 Shumazd Oak Boulevazd Tallahassee, FL 32399-2100 (D) The Recipient shall include an accounting of these funds in the annual financial audit report prepazed by the Recipient for the 1996-1997 and 1997-1998 fiscal yeazs. (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 yeazs after the date of submission of the f nal expenditures report. However, if litigation 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. X. Subcontracts (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. 7 (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 that no extensions will be permitted. The General Revenue funding source cannot be eztended 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 or title 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 8 .. Y~ 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 yeaz) the document was prepazed and the name of the subcontractor or Recipient community responsible for its prepazation 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 Shumazd Oak Boulevard Tallahassee, FL 32399-2100 (B) The representative of the Recipient (not a consultant), responsible for the administration of this contract is: ~~o mQ.~5 C?r' ~ rnmg i I ~ Ea.s~ ~a~e ~o d ~-3~ ~i ,,; -9- ~,.~ (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 o 'als as duly authorized. RECIPIENT: BY: ~ (Signature) ~ "p '~.r o~ ~ MA~or nn Q 1 ~C w~l~SS Name: JG n t c~ `G l~G C i~ U (Please Type or Print) ----, Title: ~ G' S e ca.Q~L ~ ~'o ~ i~`--- M fl n~ ~e~ (Please Type or Print) Date: ~ (6 ci ~ W STATE OF FLORIDA DEPART T OF,pCONIMUNITY FAI S ~Cu~cl /~. ~r+hmc~.r~ Name: G~mmu»- 'P~annirl Title: Director Division of Date: ~ 7 4 Witness: ,/~ (/,(. ,I~~ ,; -10-