1988-09
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 40
CENTERVIEW
DRIVE. TALLAHASSEE,
FLORIDA
3 2 399
BOB MARTINEZ
G--
March 1, 1988
THOMAS G. PELHAM
Secretary
The Honorable Robert A. Pool
Mayor
City of Clermont
Post Office Box 219
Clermont, Florida 32711
Re:
Modification No.1, Contract No. 88-LP-08-06-45-02-300
Dear Mayor Pool:
The Florida Department of Community Affairs and the City of
Clermont currently have a contract (No. 88-LP-08-06-45-02-300,
effective February 8, 1988), relative to the 1987-88 Local
Government Comprehensive Planning Assistance Program.
Section XII on page 4 of the contract provides for
amendments through mutual agreement and written correspondence
from the Department. In a letter dated February 25, 1988, Mr.
James J. McAllister, Planning Director, City of Clermont,
requested modifications to Attachment A, Scope of
Services/Schedule of Deliverables, which Attachment is
incorporated by reference in the parties' contract. The
following modifications are made to Attachment A, Scope of
Services/Schedule of Deli~erables.
B.
Schedule of Deliverables, is amended to read:
Interim Date:
April 30, 1988
1.
financial report
2.
progress report outlining current status of contracted
work products
3.
Data and analysis for the Traffic Circulation Element
(The above work products will be completed in accordance
with the requirements Chapter 9J-5, F.A.C., as referenced
in the Scope of Services.)
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
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The Honorable Robert A. Pool
March 1,1988
Page Two
Final Date:
October 30,1988
1.
final financial report
2.
Data collection, analysis and existing maps where
required for the following elements:
a.
Recreation and Opec Space
b.
Draft Sanitary Sewer, Solid Waste, Drainage, Potable
Water, Natural Groundwater Aquifer Recharge Element
c.
Housing
d.
Conservation
e.
Future Land Use
(The above work products will be completed in accordance
with the requirements of Chapter 9J-5, F.A.C., as
referenced in the Scope of Services.)
All other provisions of the contract are still in effect and
are to be performed as specified in the contract. This
modification is effective on March 1,1988, and is hereby
made a part of the contract. This modification shall be valid
with your signing. If you agree with this modification, please
indicate your concurrence by signing at the appropriate place
below, and returning an original signed copy of this letter.
This modification shall be attached to the original contract.
Sincerely,
A2: ¿;; /~
Robert A. Pool
Mayor
City of Clermont
BenJamin E. 'Woody" Price, Jr.
Division of esource Planning
and Management
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RECEIVED 'Em t ~ "-,~,
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0
CENTERVIEW
DRIVE' TALLAHASSEE,
FLORIDA
3 2 399
Governor
THOMAS G. PELHAM
Secretary
BOB MARTINEZ
February 5, 1988
The Honorable Robert A. Pool
Mayor
City of Clermont
Post Office Box 219
Clermont, Florida 32711
Dear Mayor Pool:
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
Planning Assistance Program during the current fiscal year.
Please note that by April 30, 1988, the following items
will be due: (1) financial report (enclosed form RPM/LRP(3/87));
(2) progress report (enclosed form RPM/LRP(4/87)); and (3) copies
of work products or drafts as specified in your contract. The
Department may authorize the release of 40 percent of your
contract funds only after receiving the above items.
The following items must be received by October 30, 1988,
for release of the balance of your contract funds under this
contract: (1) financial report; and (2) copies of the completed
work products. 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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If you have any questions, please contact Randy Zipser at
904-487-4545.
Sî];JelY'
Woody Price AICP, Director
Division of Resource Planning
and Management
WP/des
Enclosures
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PROGRESS REPORT FORM
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Date Prepared:
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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
Form No. RPM/LRP ( 4/87 )
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FINANCIAL REPORT
LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM
..ocal Government Name:
~ddress :
Report for'the period ending:
CATEGORIES DISBURSEMENTS TOTAL DISBURSEMENTS
TO DATE
CURRENT PERIOD
SALARIES
CONSULTANT FEES
EXPENSES
TRA VEL
.
I OVERHEAD
OTHER (SPECIFY)
TOTALS (A)
Amount of Advance Received (where applicable) ---------------------------------$
<Al
(£l
Amount of Interim Payment Received (after approval of interim deliverables) 40% $
Total Cash Received. ______í~_t_Ç2______----------------------------------------$
Total Cash Disbursed to Date ---------------------------------------------------$
(A)
Cash Balance (B + C) - (A» as of
(Date) -------------$
Title
Date
Authorized Signature
Form No: RPM/LRP (3/87)
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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".
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WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, Florida statutes, and Chapter 87-98, 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 fúnds 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 87-98, Laws of Florida.
III.
Definition, Scope and Quality of Service
(A)
( 1)
(B)
(1)
(2)
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
complete a portion of the necessary technical
services required to update and revise the required
comprehensive 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-S, Florida Administrative Code. 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.
Scope of Services, Schedule of Deliverables.
Attachment A, Scope of Services/Schedule of
Deliverables, is hereto incorporated by reference.
Except in areas where the Recipient is a charter
county with overall planning responsibilities or has
document~d planning requirements through a joint
agreement, services provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
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IV.
Consideration
Amount of Consideration
(A)
(1)
(B)
(1)
(2)
As consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 13.179 . Payment will be based on the payment
.chedule contained in Article V of this contract.
Use of Funds
Funds may be used for .alaries and expenses of local
government staff members or subcontractors involved
in preparing a portion of the required comprehensive
plan revisions pursuant to an approved .cope of
services and work completion schedule.
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
or other capital items.
Method of Payment
(3)
V.
(A) The Department shall pay forty (40) per centum of the
funds after receipt and approval of the progress report, financial
report, and copies of drafts or completed work products, due
ADd! 30. 1988
(B) The Department shall pay the final sixty (60)
per centum of the funds after receipt of the work products under
this contract, and the final financial ",!port due October 30, 1988 .
(C) All financial reports sha] - be submitted in detail
sufficient for a proper pre- and post- audit thereof.
VI.
Required Reports and Records
(A)
(1)
The Recipient shall provide to the Department:
a financial report and a progress report, on report
forms provided by the Department, and copies of
drafts or completed work products due April 30, 1988
Copies of Form No. RPM/LRP (3/87), entitled
"Financial Report" and Form No. RPM/LRP (4/87),
entitled "Progress Report," may be obtained from the
Department:
(2)
a contract closeout report consisting of a financial
report and a copy of each work product produced under
this program shall be received by the Department no
later than October 30, 1988 , unless the Recipient
received an extension pursuant to Rule 9J-20.005(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 ag~ees to m~intain 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 1987-
88 and 1988-89 fiscal years.
(E) In the event the audit show that a part or the entire
fund was not spent in accordance with Chapter 9J-20, 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.
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 8ubcontract
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 aqrees 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 arisinq out of, or due to
any act, occurrence, or omission of the Recipient, its
subcontractors or aqents, if any, that is related to the
Recipient's performance under this contract.
XI.
Contract Term
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(A) The contract shall commence on the last date of
siqninq by the parties involved. 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 October 30. 1988
unless the Recipient has received an extension pursuant to Rule
9J-20.005(7), Florida Administrative Code.
XII.
Modification of Contract
Either party may request modification of the provisions of
this contract. Chanqes 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 paqe or title page of all reports, maps and
other documents completed as a part of this contract shall
acknowledqe:
"Preparation of this (Map or Document) was aided through
financial assistance received from the state of Florida
under the Local Government Comprehensive Planninq
Assistance proqram authorized by Chapter 87-98, Laws of
Florida and administered by the Florida Department of
community Affairs."
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The date (month and year) the document was prepared and the name
of the subcontractor or Recipient community responsiblè 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 obliqations under this contract, the
Department shall have the riqht, without liability, to terminate
this contract within ten (10) days after qiving 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) Notwithstandinq 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 Randy Zipser,
Bureau of Local Resource Planning, Technical Assistance Section.
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(B) The Representative of the Recipient responsible for
the administration of this contr~ct is
Wayne Saunders City Manager .
(C) In the event that different representatives are
designated by either party after execution of this contract,
notice of the name 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.
REcrpr~
BY:
a?~
Name and Title
Robert A. Pool. Mayor
Date
January 26. 1988
Wi tness ~ I ¡}J , ÔJ;
Bz a/Yvil
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STATE OF FLORIDA
DEPARTMENT ~\ AFFAIRS
BY: ~
Name and Title
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Beniamin E. "Woody" Price. Jr.. Director
Date
February 8. 1988
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Page I of 2
Attachment A
SCOPE OF SERVICES/SCHEDULE OF DELIVERABLES
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 qolumn to
the right, the specific sections of Chapter 9J-S, F.A.C., that
will be completed by each work item listed. If a section of
Chapter 9J-S, 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).
WORK PRODUCTS
SECTION OF 9J-5
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1. Data collection, analysis and
existing maps where required
for the following elements:
1.
a. Future Land Use
b. Traffic Circulation
c. Recreation & Open Space
d. Sanitary Sewer, Solid Waste,
Drainage, Potable Water and
Natural Groundwater Aquifer
Recharge
e. Housing
f. Conservation
a. 9J-5.006(l)(a)-(g),(2), F.A.C.
b. 9J-5.007(1),(2), F.A.C.
c. 9J-5.014(1),(2), F.A.C.
d. 9J-5.011(1), F.A.C.
e. 9J-5.010(1),(2), F.A.C.
f. 9J-5.013(1), F.A.C.
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Form No. RPM/LRP (6/87)
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Page 2 of 2
B.
SCHEDULE OF DELIVERABLES - Please indicate, under the
appropriate dates below, the specific work products from
A. Scope of Se~vices that will ~e submitted for the "interim"
and the "final" product delivery dates pursuant to 9J-20.005(4).
Interim Date:
April 30, 1988
(1 )
(2 )
financial report
progress report outlining current status of contracted
work products
Data collection, analysis and existing maps where required for the
following elements:
(3)
a. Existing Land Use
b. Traffic Circulation
(The above work products will be completed in accordance with the requirements of
Chapter 9J-5, F.A.C., as referenced in the Scope of Services.)
Final Date:
October 30, 1988
(1)
(2)
final financial report
Data collection, analysis and existing maps where required for the following
elements:
a. Recreation and Open Space
b. Sanitary Sewer, Solid Waste,
Groundwater Aquifer Recharge
c. Housing
d. Conservation
Drainage, Potable Water, and Natural
(The above work products will be completed in accordance with the requirements of
Chapter 9J-5, F.A.C., as referenced in the Scope of Services.)
Form No. RPM/LRP (6/87)