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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