Loading...
1980-07 ..-;., .v ~ ~ 't. . ". .. -e " " AGREEMENT #80-7 A G R E E MEN T An Agreement made this day, February 26, 1980, between the CITY OF CLERMONT, hereinafter called the "Owner", and SPRINGSTEAD AND ASSOCIATES, INC., hereinafter called the "Engineer". WHEREAS the Owner on October 25, 1978 authorized the Engineer to proceed with a study of the City sewer system to initiate future planning at a cost not to exceed $3,800.00 and WHEREAS the Engineer in the process of making this study has determined that more adequate measurement devices are needed at the sewage treatment plant in order to complete the study, that fluctuating flows through the sewage treatment plant create difficulties in maintain- ing plant efficiencies, that the collection system has severe infiltration problems, and that certain sections of the City are not sewered, all of which were unknown to the Engineer at the time of the original agreement and WHEREAS the Engineer has determined that it would be in the best interests of the Owner to terminate the October 25, 1978 authorization and enter into a new agreement for an expanded study to inclu~e the before mentioned items not in the original authorization, and WHEREAS the Engineer agrees that he has been paid in full for work performed to date under the original authorization; THEREFORE, the Engineer agrees to perform an expanded study of the Owners sewer system including the following items: 1. Using the present number of sewer connections, daily and monthly flow data, he will project future needs and demands on the collection system, lift stations, and waste treatment -. plant. 2. Review and examine the present collection system and make recommendation to correct infiltration problems. 3. Make a detailed investigation of methods of flow equalization at the waste treatment plant to extend its capacity and increase its efficiency. . ... -.. ,I:' II A . . 4. Prepare study plans and estimates for recommended improvements. 5. Prepare master plan for unsewered areas within present City Limits. The Owner agrees to pay to the Engineer the sum of $5,800.00 for the above described work. The Owner also agrees to install flow measuring equipment at the sewage treatment plant to enable the Engineer to perform Item #1 above. At an estimated cost of $2,400.00. The Owner also agrees to provide one City worker for two weeks to assist the Engineer in performing Item #2 above at an estimated cost of (.I~'( $&lo.OO. The Owner also agrees to pay the Engineer on a monthly basis upon the submission of invoices for work performed on this agreement each month. The total of such monthly payments shall not exceed $5,800.00. IN WITNESS WHEREOF, THE Owner and the Engineer have executed this agreement as of the date first written above. CITY OF CLERMONT {/~ By: CE~9- TITLE: ~;---, SPRINGSTEAD AND '~SOCIATES, INC. ;;;lli,~ IJ / ~ ~1 ~( I \ - \ i) \ ) ~ ,~ TITLE:~L LJ( . - . CONTRACT NUMBER: LOCAL GOVERi.'iMENT COMPREHENSIVE Pk;trNING ACT ASSISTA4~CE FUND AGREE..'1EN'~' BETWEEN STATE OF FLORIDA, DEPARTMENT OF COMHUNITY AFFAIRS AND CITY COUNCIL OF CLERMONT, FLORIDA THIS contract, entered into (this day of 411t980l by and between the State of Florida, Depa~~ent of Community Aff airs (hereinafter called the "Department") with headquarters. in the City of Tallahassee, and the City of Clermont, Florida (hereinafter called the "Grantee a). ~liEREAS, the Depa=t...'1\ent, in furtherance of its duties under Section 163.03, Sections 20.05(1), Sections 20.18(1), (5), (8), Florida Statutes, Chapter 79-212, Laws of Florida, and Rule 93-5, , Florida Administrative Code, as amendeq, has determined that the Grantee is. eligible to receive a grant unde= t~e Local Goverr~ent Comprehensive Planning Act Assistance Fmld Program (hereinafter called the "Program"). WHEREAS, the Grantee has resolved to accept this gr~~t under the conditions set forth below. ~OW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE .;5 FOLLOWS: I. Scope of Services (A) The Grantee agrees, under ~~e te~s a,e condi~ions of ~~i3 Agrea~ent and the applicable state and local laws and reg~la- tions, to undertake, perfor~, and complete certain technical and .Ofessional services, more particula=ly described in Appe~dix A and _ this reference made a part hereof. Such services shall ~e perfc~ec in accordance with the schedule established in rlp~endix B, attached here anc incorporaced in t~is contr~ct. Applic3ble state laws and regulations incl~de, but a=e not l~~ited to Section 153.3161 et se~ F.5.,oC.":.apter 79-212, LaW's of Florida ar..d C-'1apter 9B-5 F.A.C., as amended. (3) The Grantee agrees that the technical and professional services covered ::'y this Agr~e..'1lent shall not be su::'contracted unless copies of any sub-contract or delegation agreements are provided to the Department. (C) To the extent reasonably possible, the work to be performed by the Grantee shall be initiated, performed and completed in collaboration and coordination with the programs of all local, state and federal agencies that are actively concerned with various aspects of planning and development and with any cit'izen planning 411JViSOry committee organized. to provide citizen input. (D) The Department or Grantee may, from time to time, request changes in the scope of the services provided under this Agreement. Such changes, which are mutually agreed upon by and bet."",eenthe Depart..'11ent and the Grantee, shall be incorporated into this Contract as written modifications. (E). Except as may be expressly provided elsewhere in ~~is Agreement, the Grantee shall perform ~l~ of the necessary services provided under this contract in connection with and respecting the Grantee's jurisdictional boundaries. ,II . Audit Reauire.'11ents (A) The Grantee, shall include in its annual post-audit an audit of the funds provided by the Local Government Comprehensive Planning Act Assistance ?und Program. (B) This audit shall include a schedule identifying revenues, sources, expenditures, purposes and fund balances regardinS the grant and match funds in accordance with the applicable rules, regulations and contract provisions. (C) A copy of the local audit report shall be forwarded to the DeparL~ent within thirty (30) days after completion of the audit ~ in no case more than six months after the te~ination of t.~e ~grarn. (0) In the event the audit shows that local matching funds are less than the amount 5tipulated in ~~is Cont=act or that g=ant :~nds we=e used :or ineligible activities, any rescltinq ove=?ayment shall be repaid to the Depart.~ent within (10) days a:ter the Depar~'11ent has notified the Grantee of such overpayment. P aa e Two 0 f ~; v . - . III. Reports and Records (A) The Department may withhold payment if the required reports are not submitted in a timely and adequately completed manner. (B) In the event all required reports are not submitted in a timely and adequate fashion within fifteen (IS) days of the due date, the Grant~e.will be informed that further grant payments will be withheld until all reports are received in proper form. Failure' submit all re~arts may be cause for terminating this Agreement. . (1) The Grantee shall submit a progress report of the Program by May 1, 1980, in a format provided by the Department. (2) The Grantee shall submit a final evaluation of the Program and a financial statement by October 15, 1980, in a format provided by the Department. (3) The Grantee shall submit an informational copy of each planning element or document produced by the Program on or before October 15, 1980. (C) No warrants for any state funds will be processed by the Depart~ent for the Grantee after October 31, 1980. (D) The Grantee agrees to maintain adequate financial procedures and adequate support documents to account for the expendi- tureof funds under this Agreement. Support documentation shall be maintained to identify cash-match and/or the goods, services or other benefits claimed as in-kind match. (E) The Grantee shall also provide the Department with the records, reports or financial statements upon request for the purpos~s of auditing and monitoring the grant funds awarded under this Agreement. IV. Match Requirements (A) The Grantee agrees to provide cash match ~n the amount . $2.400 (For Flow Meter & Installation) (B) The Grantee agrees to provide in-kind match, valued at $500. (Employee for Infiltration. Study) (C) Upon termination of this Agreement, .as assessment of the proportion of the state grant and of the required local match expended as of that date will be made. Any portion of the state grant found not to be appropriately matched and expended as of the termination date shall be returned to the Department. Page Three of Six V. Time of Performance The Grantee agrees to execute ~his Agreement within twenty-one (21) days of receipt and to commence services within fifteen (15) days after execution by the Department. All services to be offered snall be undertaken and completed in such manner as to assure their expeditious completion in the light of the purpose of . this Agreement; but in any event all the services required hereunder ~ll be comPlet~; no later than September 30, 1980. VI. Comoensation - (A) The Department agrees to pay the Grantee the total sum of Six Thousand Two Hundred Twenty-Eight Dollars ($6228) for the provision of certain technical and professional services pursuant to the Local Gove~~ent Comprehensive Planning Act of 1975. (B)' The Department shall advance seventy-five per centum (75%) of the grant after the execution :of this Agrea~ent. (C) The Department shall pay fifteen per centum (15%) of the grant after receipt and approval of the progress report due on :1ay 1, 1960. (D) The Depar~ent shall pay ten per centum (10~) of t~e grant after receipt and approval of the evaluation report, an infor- mational copy of each plan document produced unde~ this Program, anc financial report due Oc~ober 15, 1980. (E) Payment of these state funds pursuant to this Agreement are subj ect to and condi tioned upon t...~e total release of authorized appropriations frcm the Local Gover~ment Comprehensive Planning Act Assistance rund Program provided by Chapter 79-212, Laws of Florida; otherwise, a pro rata distribution of available ~dS will be made. VII. Termination of Contracts for Cause (A) If, through any cause, the Grantee shall fail to f~lfill in a t~ely and proper manner its obligations under ~~is ~gree~ent, or if the Gran~ee shall violate any of ~~e requirements of L~is Agreement, t~e ~epar~~ent shall thereupon have the right, without liability, to ter:ninate this Agrearnent by giving written notice to ~~e Grantee of such termination. The Depar~~ent may also Pacp 1:',..",,.. ('",<= 1:;; v: ,- r require a pro rata repayment for grant funds paid to a Grantee who breaches any part of this Agreement. (B) Notwithstanding the above, the Grantee shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any breach of Agreement by the Grantee and the Depar~~ent may withhold any payments to the Grantee for purpose of set-off until such time as the exact amount of damages due the 4il'partrne~t from the Grantee is determined. VIII. ~~signabili~ The Grantee shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assigTh~ent or novation), without prior written consent of the Department; pro- vided, however, that claims for money due or to become due the Grantee from the Depar'tment under this Agreement may be assigned to a bank, trust company, or other financial ins~i~ution.without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Cepa~w~ent. IX. Identification of Documents All reports, maps, and other documents completed as'a part of this Ag=eement shall bear in an appropriate place, ?referably in the title ~lock of a map or plan and on the title page of a report 0= do~~ent, L~e following legend: "Prepared by ( City of Clermont ) under contract with the Depar~~ent o~ Ccmmunity Affairs. The ?reparation of this ( Sewer Study ) was financially aided through a grant from the State of rlorida, under the Local Government Comprehensive Planning Act Assistance ?und authorized by Laws of Florida." The date (month and year) the document was prepared and the name of the consultant or Grantee community responsible for its preparation ell also be shown. X. ~enresentatives for the Parties In all matt.ers .re!.~,::..:.::.g ::'::1 ":~e' ?er:or:nance 'of t..,is Agreement, ':..he 9irector of the Division of Local Resource Llana9er.1ent S~)."l.:.. represen-c a-'1d act :or tbe Depart:nent, and the Ety Manager or other appropriately delegated official of the Grantee shall represent and act for the Grantee. Page Five of Six -- , IH WITNESS HliEREOF, the Department and the Grantee have execu te': this Agreement as of the date first above written. ATTEST: &i, ~J c/fivJ . gnature) - t) . City of Clermont (Grantee) SAnnrA R07.A1, City Clerk Name and 'l'it e) BY: (Signature) . (:l r ~t-y (May"or CM'!..ra.'{iH,"M~~ ~~) WITNESS: -STATE OF FLORIDA DEPAR?MENT OF COMMUNITY AFFAIRS (Signature) BY: (Signature) Michael C. Garretson, Director Division of Local Resource Management . Page Six of Six . , . - r APPENDIX 'A' LIST OF PLANNING DOCUMENTS TO BE PREPARED WITH GRANT AND MATCHING FUNDS 1. Report on future needs of sewage collection system. 2. Report on extent Of infiltration ~roblems. ~ Report on treatment plant flow equalization. 4. Study plans and estimates for recommended improvements. S. Master plan for unsewered areas. 6. 7. 8. 9. 10. . D",n..." (}nr~ i"'\r (}nA '- .. , . APPENDIX 'B' WORK PROGRAM SCHEDULE FOR DOCUMENTS TO BE PREPARED WITH GRANT AND MATCHING FUNDS . . . ~\ ~TEM jJan. r REPORT ON-SEl.jA(i, COLLECTION SYSTEM I I REPORT ON I INFILTRATION ~ --R~~~I~~i~T (~~W .J STUDY PLANS AND j ESTIMATES .. - _.. ..- ..._... -. MASTER PLAN FOR _~_~?~~~R~~Q_~R~!\_~~ x July Aug. Sept. Oct. Nov .1~2\" .. -1-. I I I I I X X ! I -.1 X I X i' X X t I I I : i X iX' X I X : I , I. i -;f-;-i~-' I , j I L-... i X I X I I X x 'Feb. " r1a~ May I !Jun. I I X r I i . i .