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HomeMy Public PortalAboutLocal Govt Land Dev. Regulation Assist. Program Agmt9e-I.P-a4D-io•/�o-0a-icy STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BUREAU OF LOCAL RESOURCE PLANNING 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 Town of Gulf Strean , hereinafter referred to as the "Recipient". WITNESSETH WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, Florida Statutes, and Chapter 89-253, Laws of Florida, has determined that the Recipient is eligible to receive funds under the Local Government Land Development Regulation 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 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 authorized appropriations from the Local Government Land Development Regulation Assistance Program provided by Chapter 89-253, Laws of Florida. 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 applicable state 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 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 met any of the requirements of Chapter 163, Florida Statutes, or any provisions of the Florida Administrative Code. (B) Scope of Services. (1) Attachment A, Scope of Services, is hereto incorporated by reference. (2) Except in areas where the Recipient is a charter county with overall planning responsibilities or has documented planning requirements through a joint agreement, services provided under this contract shall be in connection with the total area under the Recipient's jurisdiction. iV. Consideration (A) Amount of Consideration (1) As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $10,279 Payment will be made in accordance with the payment schedule in Article V 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 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. (2) 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 of a nonconsum- able and nonexpendable nature with an expected useful life which exceeds the duration of this contract:. V. Method of Payment (A) The Department has approved the advance requested and justified in the application. Twenty-five (25) per centum shall be paid to the Recipient after execution of this contract by the Recipient and the Department. (B) The Department shall pay the final seventy-five (75) per centum of the funds after receipt of the work products under this contract due January 31 1990 VI. 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 shall be received by the Department no later than January 31, 1990 , unless the Recipient received an extension pursuant to Rule 9J-29.005(8), Florida Administrative Code. (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 the contract with a Recipient if reports are not received within ten (10) days after notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with professional planning principles and is consistent with the scope of services. VII. 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 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 also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this contract. (D) The Recipient shall include an accounting of these funds in the local audit prepared by the Recipient for the 1989-90 and 1990-91 fiscal years. (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with Chapter 9J-29, Florida Administrative Code, and 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 or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. VIZI. Public Records The Recipient shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by the Recipient in conjunction with this contract. It is expressly understood that upon receipt of substantial evidence of the Recipient's refusal to comply with this provision, the Department will have the right to terminate this contract for breach. IX. Subcontracts (A) If the Recipient subcontracts any or all of the work required under this contract, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this contract with the Department. (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 subcontracts, a copy of the executed subcontract must be forwarded to the Department within 10 days after execution. X. 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. XI. Contract Term (A) The contract shall commence or, December 7, 1989 No cost may be attributed to this contract prior to that date. (B) All activities performed pursuant to this program contract shall be completed on or before January 31, 1990 , unless the Recipient has received an extension pursuant to Rule 9J-29.005(8), Florida Administrative Code. XII. Modification of Contract Either party may request modification of the provisions of this contract. Changes which are mutually agreed 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 (Mau or Document) was aided through financial assistance received from the State of Florida under the Local Government Land Development Regulation Assistance Program authorized by Chapter 89-253, 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. XIV. 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. XV. Notice and Contact (A) The contract manager for this contract is Lenwood Herron, Bureau of Local Planning, Grants and Publications Section. (B) The Representative of the Recipient responsible for the administration of this contract is Franklin E. Flannery , City Manager (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. 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. RECIPIENT: BY: Name and Title Date Witness .�� STATE OF FLORIDA DEPAR BY: Name and Title Paul R. Bradshaw, Director Date January 19, 1990 Page 1 of 1 Attachment A A. SCOPE OF SERVICES - Describe, in outline form, the work Products that will be completed during this contract period using only the allocated funding. :Identify, in the column to the right, the specific sections Florida of Chapter 163, Part II, Statutes, that will be completed by each work item listed. (If necessary, please copy this page and continue). WORK PRODUCTS I SECTION OF CHAPTER 163, F.S. or RULE CHAPTER 9J-29, F.A.C. 1. Report which explains the LDR's are consistent with and implement the adopted comprehensive plan, as required by s.163.3202(1), F.S. 2. Devise a system to monitor that public facilities meet or exceed the standard, established in the Capital Improvements Element of the Comprehensive Plan. 3- Regulations for the use of land and water will be prepared to correspond with those categories in the Land Use Element and also to ensure the compatiblity_ of adjacent uses and Provide for open space. 1. 9J-29.005.(2)(e),F.A.C. 2. s.163.3202(2)(9), F.S. 3. s.163.3202(2)(b), F.S. 4- Revise regulations of flood 4. s.163.320.2(2)(d), F.S. prone areas and also drainage and stormwater management. RUM/LP(8/89) All work products will -be completed in accordance with the applicable requirements of Chapter 163, Part II, Rule Chapter 9J-29, F.A.C., as referenced above. F.S., and STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W DRIVE • TALLAHASSEE, F L O R I D A 3 2 3 9 9 BOB MARTINEZ March 20, 1990 THOMAS G. PELHAM Gwemm Secretary The Honorable William F. Koch, Jr. Mayor of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Contract No. 90 -LP -22-10-60-02-129 Dear Mayor Koch: Thank you for submitting your work products pursuant to the Local Government Land Development Regulation Assistance Program contract referenced above. Our review indicates that contract requirements have been met. Please note that we have not conducted a substantive review relative to requirements of Section 163.3202, Florida Statutes, and Rule 9J-24.003, Florida Administrative Code. Our review was limited to a determination that the material submitted includes the major components of the work products specified in the con- tract scope of services and conforms to the requirements of Rule Chapter 9J-29, Florida Administrative Code. Release of the final payment has been initiated and should be received within 30 days. If you have any questions regarding your contract or the planning grant program, please contact Lenwood Herron or Kathleen Morris at 904-487-4545. Ver tr ly y rs, au R. Bradshaw, Director Division of Resource Planning PRB/deb and Management cc: Franklin E. Flannery, City Manager EMERGENCY MANAGEMENT 9 HOUSING AND COMMUNITY DEVELOPMENT 0 RESOURCE PLANNING AND MANAGEMENT STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E BOB MARTINEZ Governor T A L L A H A S S E E, F L O R I D A 3 2 3 9 9 January 19, 1990 The Honorable William F. Koch, Jr. Mayor of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Contract No. 90 -LP -22-10-60-02-129 Dear Mayor Koch: THOMAS G. PELHAM Se etary 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 Local Government Land Development Regulation Assistance Program during the current fiscal year. The Department has authorized the release of the initial 25 percent of your funding allocation, and you should receive your first check within four weeks. Please note that on January 31, 1990, the following items will be due: a report which explains how the land development regulations are consistent with and implement the adopted compre- hensive plan as required by Section 163.3202(1), Florida Stat- utes, and 9J -29.005(2)(e), Florida Administrative Code; a copy of your adopted land development regulations; and a true and correct copy, as certified by the town clerk, of the ordinance adopting the land development regulations required by Section 163.3202, Florida Statutes. Copies of the completed work products must be received by the above date for release of the full amount 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, page 3, 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 EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT 0 RESOURCE PLANNING AND MANAGEMENT The Honorable William F. Koch, Jr. January 19, 1990 Page Two all claims arising out of the subcontractor's performance. Addi- tionally, you must send the Department a copy of the executed subcontract within 10 days after execution. If you have any questions, please contact Lenwood Herron or Kathleen Morris at 904-487-4545. Ytru u s, . Brads aw, Dir Division of Resource Planning and Management PRB/km Enclosure cc: Franklin E. Flannery, City Manager STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E• T A L L A H ASS E E, F L O R I D A 3 2 3 9 9 ROB MARTINEZ THOMAS G. PELHAM c December 14, 1989 s"rclary The Honorable William F. Koch, Jr. Mayor of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mayor Koch: Enclosed are three copies of a contract between the Department of Community Affairs and your local government pursu- ant to the 1989-90 Local Government Land Development Regulation Assistance Program. The scope of services which was submitted by your local government in its application for funding is incorporated in the contract by reference (Attachment A). . We have noted that your scope of services does not include all portions of your land development regulations required by s.163.3202, Florida Statutes. Since no further grant funds are anticipated, any additional work needed to complete your regulations must be completed outside the grant program if it is not added to this grant contract. Please indicate in paragraph XV (B) of the contract the name and title of the person designated by your local government to be responsible for administration of the contract. This individual must not be a consultant. All three copies of the contract should be executed by the chief elected official or other person authorized by your local government and returned to Mr. Lenwood Herron at the address above within 30 days from the date of receipt. Each of the contracts must contain original signatures. If executed by someone other than the chief elected official, a copy of the written signature authorization must be submitted with the con- tracts. EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT The Honorable William F. Koch, Jr. December 14, 1989 Page Two After execution by the Department, a copy of the contract will be returned for your records. A warrant for 25 percent of the total funds will be forwarded to your local government 30-45 days after the contract is signed. If you have any questions, please contact Lenwood Herron or Kathleen Morris at 904-487-4545. Sincerely, Robert G. Nave, Chief Bureau of Local Planning BGN/km Enclosures cc: Franklin E. Flannery, City Manager