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1989-09 . .ECEIVEO APR 1 0 1989 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 8~-OO9 2 7 4 0 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 8 8 Mr. Robert Pool April 5, 1989 Page Two If you have any questions, please contact Lenwood Herron at 904-487-4545. PRB/deb Enclosure 8 8 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) 8 8 I" iF~';-~-~--::-'~~ '~~'v'::"."',,~ 1i;"'";O-"""'~"~"-"""""':"'"¡'"'"I!.¡"\ "'Jþ ..;;c.<'o.¿ '" (-::'.1) ~J~I MAlt 6 IS69 89-LP-15-06-45-02-105 STATE OF FLORIDA BUREAU OF. [OCAU DEPARTMENT OF COMMUNITY AFFAIRS ' RESOURCS ~NG " ( e', ~,,:,- 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. 1 IV. 8 Consideration 8 (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. 2 8 8 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. 3 8 8 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. 4 8 8 (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 5 , " . 8 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) . . . . 8 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)