1989-09
.
.ECEIVEO APR 1 0 1989
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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CENTERVIEW
DRIVE. TALLAHASSEE,
FLORIDA
3 2 399
Governor
April 5, 1989
THOMAS G. PELHAM
Secretary
BOB MARTINEZ
Mr. Robert Pool
The Mayor of Clermont
Post Office Box 219
Clermont, Florida 32711
Dear Mayor:
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
Comprehensive Planning 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 May 31, 1989, the following items will
be due: progress report (enclosed form RPM/LRP(4/87)) and copies
of work products specified in your contract. The Department may
authorize the release of 40 percent of your contract funds only
after receiving the above items.
copies of the completed work products must be received by
October 31, 1989, for release of the balance of your contract
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, 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
all claims arising out of the subcontractor's performance.
Additionally, you must send the Department a copy of the executed
subcontract within 10 days after execution.
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
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Mr. Robert Pool
April 5, 1989
Page Two
If you have any questions, please contact Lenwood Herron at
904-487-4545.
PRB/deb
Enclosure
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PROGRESS REPORT FORM
Date Prepared:
- Please describe below the current status of each contracted
'work product under this program. Describe those products only
partially completed as well as those completed at this time.
Work Product
Descri tion of Work Com leted/Percenta e Com lete
Form No. R::>M/LRP
(4/87)
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89-LP-15-06-45-02-105
STATE OF FLORIDA
BUREAU OF. [OCAU
DEPARTMENT OF COMMUNITY AFFAIRS ' RESOURCS ~NG
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LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE
PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as the
"Department", and City of Clermont , hereinafter
referred to as the "Recipient".
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, Florida statutes, and Chapter 88-555, Laws
of Florida, has determined that the Recipient is eligible to
receive funds under the Local Government Comprehensive Planning
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 Comprehensive Planning
Assistance Program provided by Chapter 88-555, 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 a portion of the necessary technical services
required to update and revise the required comprehen-
sive plan elements and to prepare a portion of the
comprehensive plan revisions as necessary to bring
such required elements into compliance with Chapter
163, Part II, Florida Statutes and Chapter 9J-5,
Florida Administrative Code, and/or undertake a
review or drafting of a portion of the land
development regulations required by Section
163.3202(2), F.S., as identified in the scope of
services. Acceptance of the final product by the
Department is not to be construed as a compliance
review required by Chapter 163, Part II, F.S.
(B)
(1)
Scope of Services, Schedule of Deliverables.
(2)
Attachme~t A, Scope of Services/Schedule of
Del i veraJ::. ,_as, is hereto incorporated by reference.
Except i :1reas where the Recipient is a charter
county~: :~ overall planning responsibilities or has
document'1 planning requirements through a joint
agTPemø""'- c;ervtces provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
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IV.
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Consideration
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(A)
(1)
(B)
(1)
(2)
(3)
Amount of Consideration
As consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 13.308 . Payment will be based on the payment
schedule contained in Article V of this contract.
Use of Funds
Funds may be used for salaries and expenses of local
qovernment staff members or subcontractors involved
in preparing a portion of the required comprehensive
plan revisions and/or land development regulations
pursuant to an approved scope of services and
schedule of deliverables.
Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions of section 112.061, Florida statutes.
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.
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 forty (40) per centum of the
funds after receipt and approval of the progress report and
copies of completed work products, due May 31. 1989
(C) The Department shall pay the final thirty-five (35)
per centum of the funds after receipt of the work products under
this contract due October 31, 1989
VI.
Required Reports and Records
(A)
(1)
(2)
The Recipient shall provide to the Department:
A progress report, on a report form provided by the
Department, and copies of drafts or completed work
products due May 31. 1989 Copies of Form No.
RPM/LRP (4/87), entitled "Progress Report," will be
provided by the Department;
A contract closeout report consisting of a copy of
each work product produced under this program shall
be received by the Department no later than
October 31. 1989 , unless the Recipient received an
extension pursuant to Rule 9J-26.005(7), 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.
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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
for inspection, review, or audit by state personnel and
personnel duly authorized by the Department. "Reasonable"
be construed according to circumstances, but ordinarily
mean normal business hours of 8:00 a.m. to 5:00 p.m., local
Monday through Friday.
times
other
shall
shall
time,
(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 1988-
89 and 1989-90 fiscal years.
(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with Chapter 9J-26,
Florida Administrative Code, and the conditions of this contract,
the Recipient shall be helä 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 initi~ted and audit findings have not been
resolved at the end of three years, the records shall be retained
until resolution of the audit findings.
VIII.
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.
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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 on February 15, 1989
No cost may be attributed to this contract prior to that date.
(B) All activities performed pursuant to thi. program
contract shall be completed on or before October 31, 1989
unless the Recipient has received an extension pursuant to Rule
9J-26.005(7), 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 (Map or Document) was aided through
financial assistance received from the state of Florida
under the Local Government Comprehensive Planning
Assistance Program authorized by Chapter 88-555, 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 cøntract 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 manage,,:' for this contract is Lenwood
Herron, Bureau of Local Planning, Grants and Publications Section.
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(B) The Representative of the Recipient responsible for
the administration of this contract is
Wayne Saunders City Manaqer
(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 par~ies hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
RECIPIENT:
BY: /i?~~
Name and Title
Robert A. Pool, Mayor
Date
February 28, 1989
witness
STATE OF FLORIDA
::~~ AF~AI~
Name and Title Paul R. Bradshaw, Director
Date
April 5, 1989
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page. 2
Attachment A
SCOPE OF SERVICES/SCHEDULE OF DELIVERABLES
A.
SCOPE OF SERVICES - Describe, in outline form, the ~ork
products that vill be completed during this contract period
using only the allocated funding. Identify, in the column to
the right, the specific sections of Chapter 9J-5, P.A.C., that
vill be completed by each vork item listed. If. .ection of
Chapter 9J-5, F.A.C., is not applicable, please identify the
appropriate section of Chapter 163, Part II, F.S. (If
necessary, please copy this page and continue).
WORX PRODUCTS
SECTION OF 9J-5
1. Future Land Use Element 1.
(Parti~l)
(a) Analysis (a) 9J-5.006(2), F.A.C.
(b) Goals, Objectives and (b) 9J-5.006(3), F.A.C.
Policies
(c) Future Land Use Map (c) 9J-5.006(4), F.A.C.
2. Prepare Goals, Objectives 2.
and policies for the
following elements:
(a) Traffic Circulation (a) 9J-5.007(3), F.A.C.
(b) Housing (b) 9J-5.010(3), F.A.C.
(c) Sanitary Sewer, Solid (c) 9J-5.011(2), F.A.C.
Waste, Drainage,
Potable Water and
Natural Groundwater
Aquifer Recharge
(d) Conservation (d) 9J-5.013(2), F.A.C.
(e) Recreation and Open (e) 9J-5.014(3), F.A.C.
Space
3. Future Traffic Circulation 3. 9J-5.007(4), F.A.C.
Map
4. Capital Improvements 4. 9J - 5 . 016 ( 1) , (2), F.A.C.
Element Data and Analysis
Form No.
RPM/LP (8/BB)
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pagee of 2
B.
SCHEDULE OF DELIVERABLES - Please indicate below the specific
work products from A. Scope of services that will be
submitted for the "interim" deliverables and the "final"
deliverables dates pursuant to 9J-26.005(4).
Interim deliverables due
May 31, 1989
(1)
progress report outlining current status of contracted
work products
(2)
Complete Goals, Objectives and Policies for the
following elements:
(a)
(b)
Traffic Circulation
Recreation and Open Space
Final deliverables due
October 31, 1989
(1)
Future Land Use Element
(Partial)
(a)
(b)
(c)
Analysis
Goals, Objectives and Policies
Future Land Use Map
(2)
Complete Goals, Objectives and Policies for the
following elements:
(a)
(b)
( c)
Housing
Sanitary Sewer, Solid Waste, Drainage, Potable
Water and Natural Groundwater Aquifer Recharge
Conservation
(3)
(4)
Future Traffic Circulation Map
Capital Improvement Element Data and Analysis
All work products under this contract will be completed in
accordance with the applicable requirements of Chapter 163, Part
II, F.S., and Chapter 9J-5, F.A.C., as referenced in the Scope of
services.
Form No. RPM/LP (B/BB)