Loading...
1980-13 _ "J ' '.'1. AGREEMENT 80-13 " ... CONTRACT nUMBER: 8'0 L&- S-'r - O(P - -i S- - aJ- - 07 D LOCAL GOVERNMENT COMPREHENSIVE pLA}mING ACT ASSISTANCE FUND AGREL~NT BETw"'EEN STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND CITY COUNCIL OF CLERMONT, FLORIDA THIS contract, entered into (this 9 day of A pP,/i- . 1980) by and between the State of Florida, Department of Community Affairs (hereinafter called the "Department") with headquarters, in the City of Tallahassee, and the City of Clermont, Florida (hereinafter called the "Grantee"). WHEREAS, the Depa~~~ent, in furtherance of its duties under Section 163.03, Sections 20. 0!5 (1), Sections 20.18 (1), (5), (8), Florida Statutes, Chapter 79-212, Laws of Florida, and Rule 93-5, I Florida Administrative Code, as amendeq, has determined that the Grantee is~eligible to receive a grant ~nde= the Local Goverr~ent Comprehensive Planning Act Assistance Fund ?rog~am (hereinafter called the "Program"). WHEREAS, the Grantee has resolved to accept this gr~~t under the conditions set forth below. ~OW THEREFORE, TEE PARTIES HERETO DO MUTUALLY AGREE .;,$ FOLLOWS: I. Scope of Services - (A) The Grantee agrees, under ~~e terms ~~d conditions of this Agreement and the applicable state and local laws anc regula- tions, to undertake, perform, and cornolete certain technical and - .,. . I - I )d . b d . - . d pro!ess~ona_ serv~ces, more part~cu a=/y escr~ e ~n Appe~c~ A an __~bY this reference made a part hereof. Such services shall be perfo=.med in accordance with the schedule established in Ap~endix 3, attached he~ anc incorpora~ed in t~is contract. Applicable state laws and regulations L~cl~de, but a=e not l;~ited to Section 153.3161 at seq F.S., 'C~apte~ 79-212, Laws of Florida and Chapter 9B-5 F.A.C., as amended. (3) The Grantee agrees that the technical and professional services covered by this Agre~~ent shall not be subcontracted unless , . '-1'.. ,. 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 citizen planning advisory 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 between the Depar~~ent 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."l1ents (A) The Grantee, shall include in its annual post-audit an audit of the funcs provided by the Local Government Comprehensive Planning Act Assistance Fund Program. (B) This audit shall include a schedule identifying revenues, sources,. expenditures, purposes and fund balances regarding the grant and match funds in accordance wi~~ the applicable rules, regulations and contract provisions. (C) A copy of the local audit report shall be forwarded to the Depar~~ent within thirty (30) days after completion of the audit but in no case more than six months after the termination of the .ogram. (D) In the event the audit shows that local matching funds are less than the amount stipulated in this Contract or that grant f~nds were used for ineligible activities, any resulting overpayment shall be repaid to the Depar~~ent within (10) days after the Depar~~ent has notified the Grantee of such overpayment. Page 'I\.vo of Six " .t 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 (15) days of the due date, the Grante~ will be informed that further grant payments will be withheld until all reports are received in proper form. Failure t to submit all reports may be cause for terminating this Agreement. (1) The Grantee shall submit a progress report of 411tre Program by May 1, 1980, in a format provided by tbe 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 i~formational 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 Department 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- ture of '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 purposes of auditing and monitoring the grant funds awarded under this Agreement, . IV. Match Requirements (A) The Grantee agrees to provide cash match in the amount e $2.400 (B) The Grantee agrees to provide in-kind match, valued at S 500. ,. (C) Upon termination of this Agreement, ~s assessment of the proportion of the state grant and of the required local match expended as of that date will be made. Any partion of the state grant found not to be appropriately matched and expended as of the termination date shall be returned to the Department. Page Three of Six ,'. .. '. '.,t__ e . V. Time of Performance The Grantee agrees to execute ~his Agreement within twenty-one (21) days of receipt and to commence services within fifteen (IS) days after execution by the Department. Allservices to be offered snaIl be undertaken and completed in such manner as to assure their expeditious completion in the light of the purpose of I this. Agreement; but in any event all the services required hereunder shall be completed no later than September 30, 1980. VI. Compensation - (A) The Department agrees to pay the Gra~~otal sum of ~t;:~~g8~~~~~~~~~~~~~rs-_'-$..6.i2a).._ 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 Agreement. (e) The Department shall pay fifteen per centum (15%) of the grant after receipt and approval of the progress report due on :1ay 1, 1980. (D) The Department shall pay ten per centum (10%) of the grant after receipt and approval of the evaluation report, an infor- mational copy of each plan document produced under this Program, and financial report due October 15, 1980. (E) Payment of these state funds pursuant to this Agreement are subject to and conditioned upon ~~e total release of authorized appropriations from the Local Government Comprehensive Planning Act Assistance Fund Program provided by Chapter 79-212 , Laws of Floridai otherwise, a pro rata distribution of available funds will be made. VII. Termination of Contracts for Cause (A) If, through any cause, the Grantee shall fail to fulfill in a t~~ely and proper manner its obligations under ~~is Agreement, or if the Grantee shall violate any of the requirements of ~~is Agreement, ~~e ~epartment shall thereupon have the right, without liability, to te~inate this Agre~~ent by giving written notice to the Grantee of such termination. The Depar~~ent may also Page Four of Six .., " 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 I of set-off until such time as the exact amount of damages due the Oepartment from the Grantee is determined. e VIII. Assignability The Grantee shall not assign any interest in this 'Agreement and shall not transfer any interest in the same (whether by assignment 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 Cepactment. IX. Identification of Documents All reports, maps, and other documents completed as'a part of this Ag=eement shall bear in an appropriate place, preferably in the title block of a map or plan and on the title page of a report or document, the following legend: "Prepared by ( Ci~ of Clermont the Depar~~ent 0 Community of this ( Sewer Study aided through a grant f=om ,under the Local Government Assistance Fund authorized ) under contract with Affai~s. The preparation ) was financially the State of Florida, Comprehensive Planning Act 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 .all also be shown. X. Reoresentatives for the Parties In _all ,matzers ,=e.l.:.;t':.~g' ~o':he' ?erformance' 'o'f ' t..~is Agreement, ':b,e ~irector of the Division of Local Resource L1anaq6C!1ent s!1all represen~ and act for the Depart:neDt, and the City Manager or other appropriately delegated official of the Grantee shall represent and act for the Grantee. Page Five of Six r'i--: ..-..... . r~ IN WITNESS HliEREOF, the Department and the Grantee have executed this Agreement as of the date first above written. ATTEST: sr~tei () 'f~ City of Clermont (Grantee) . Sandra' 00,' 'Rozar, City Clerk Name and Title) BY: (Signature) {!E-~Q- (Mayor ~~~xti ~icneE~ ' WITNESS: 'STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ~ '1/jp~ (Signature) By::JJ?tLL ( ignature) Michael C. Garretson, Director Division of Local Resource Management . Page Six of Six . - ) " "'" .. . (. e:: 5. 6. 7. 8. 9. 10. e APPENDIX 'A' LIST OF PLANNING DOCUMENTS TO BE PREPARED WITH GRANT AND MATCHING FUNDS Report on future needs of sewage collection system., Report on extent of infiltration problems. Report on treatment plant flow equalization. Study plans and estimates for recommended improvements. Master plan for unsewered areas. l. 2. Paqe One of One - f', ......" .'? APPENDIX 'B' WORK PROGRAM SCHEDULE FOR DOCUMENTS TO BE PREPARED WITH GRANT AND MATCHING FUNDS . ITEM jJan. :Feb. Mar. Apr. May Jun. July Aug. Sept. Oct. Nav, Dec. , I RT ON SEWAGE COLLECTION SYSTEM X X X X X X REPORT ON ' INFIL TRATION X X -+-- REPORT ON FLOW X I EQUAL! ZA TI ON X X X STUDY PLANS AND X X X X ESTIMATES _.~.- --..-.---. .-'--' MASTER PLAN FOR X X UNSEVJERED AREAS -~-- e 1"'\___ ^__ _+= ^__ -". " AGREEMENT 80-12 CONTRACT rmMBEP.: LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTA..~CE FUND AGREE..'1ENT BETw"EEN STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND CITY COUNCIL OF CLERMONT, FLORIDA THIS con~ract, entered into (this day of -e,1980) by and between the State of Florida, Department of Community Affairs (hereinafter called the "Department") with headquarters. in the City of Tallahassee, and the City of Clermont, Florida (hereinafter called the "Granteen). WHEREAS, the Depa~~~ent, in fu~herance 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, I Florida Administrative Code, as amende4, has determined that the Grantee is. eligible to receive a grant under the Local Goverr~ent Comprehensive Planning Act Assistance Fund Program (hereinafter called the nProgram n) . WHEREAS, the Grantee has resolved to accept this gr~lt under the conditions set forth below. ~OW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. Scooe of Services (A) The Grantee agrees, under ~~e terms ~,d conditions of ~~is Agrea~ent and the applicable state and local laws anc reg~la- tions, to undertake, perform, and complete certain technical and ?rofessional services, more particularly described in Appe~dix A and -i~bY this reference made a part hereof. Such services shall ~e perfc=med in accordance with the schedule established in Ap~endLx B, attached here anc incorporaced in ~is contract. Applicable state laws and regulatio'ns inclade, but are not limited i:o Section 153.3161 et see;: F.S., 'C~apter 79-212, Laws of Florida and C~apter 9B-3 F.A.C., as amended. (3) The Grantee agrees that the technical and professional services covered by this Agr:a~ent shall not be subcontracted unless T""I__._ _ !'!.-' '. 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 citIzen planning IlllllJiVisory conunittee 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 betNeen the Depar~~ent and the Grantee, shall be incorporated into this Contract as written modifications. (E). Except as may be ex?ressly provided elsewhere in this Agreement, the Grantee shall perform all of the necessary services provided under this contract in connection with and respecting the Grantee's jurisdictional boundaries. .II . Audit Reauirements (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 regarding the gran~ and match funds in accordance with the a~plicable rules, regulations and contract provisions. (C) A copy of the local audit report shall be forwarded to the Depar~~ent within thirty (30) days after completion of the audit ~ in no case more than six months after the te~ination of the _gram . (D) In the event the audit shows that local matching runds are less than the amount stipulated in ~~is Cont=act or that grant :~nds were used :or ineligible activities, any res~lting overpayment shall be repaid to the Depar~~ent within (10) days attar the Oepar~~ent has notified the Grantee of such overpayment. Page T'...o of Six .. III. Reports and Records (A) The Department may withhold payment if the required reports are not submitted in a timely and adequately completed manner. (8) In the event all required reports are not submitted in a timely and adequate fashion within fifteen (15) 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' to submit all reports 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 t~e Department. (3) The Grantee shall submit an i~formational copy of each planning element or document produced by the Program on or before October 15, 1980. (e) No warrants for any state funds will be processed by the Department 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 cla.imed as in-kind match. (E) The Grantee shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the grant funds awarded under this Agreement. IV. Match Requirements (A) The Grantee agrees to provide cash match 1n the amount . $2.400 (For Flow Meter & Installation) (8) 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 (IS) days after execution by the Department. All services to be offered shall 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 . . eall be completed no later than Sept~nber 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 Agreement. (C) The Department shall pay fifteen per centum (15%) of the grant after receipt and approval of the progress report due on :lay 1, 1960. (D) The Depar~ent shall pay ten per centum (10~) of t~e grant after receipt and approval of the evaluation repor~, an infor- mational copy of each plan cocument produced under this Program, and financial report due October 15, 1980. (E) Payment of these state funds pursuant to this Agreement are subject to and conditioned upon ~~e total release of authorized appropriations frcm the Local Gover~ment Comprehensive Planning Act Assistance Fund Program provided ~y Chapter 79-212, Laws of Florida; otherwise, a pro rata dist=i~ution of available 411JdS will be made. VII. Termination of Contracts for Cause (A) If, through any cause, the Grantee shall fail to fulfill in a tL~ely and proper manner its obligations under ~~is Agreement, or it the Grantee shall violate any of ~~e requirements oi ~~is Agreement, the ~epar~~ent shall thereupon have the right, without liability, to te~inate this Agrea~ent by giving written notice to the Grantee of such termination. The Oepar~~ent may also Pace Fnll r G f six '" 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 DeparL~ent may withhold any payments to the Grantee for purpose of set-off until such time as the exact amount of damages due the illili..partment from .th.e Grantee ~ VIII. Assignability is determined. The Grantee shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the Department; pro- vided, however, that claims for money due or to become due the Grant:e 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 Cepac~~ent. IX. Identification of Documents ~~l reports, maps, and other documents completed as'a part of this Ag=eement shall bear in an appropriate place, preferably ~n the title ~lock of a map or plan ~~d on the title page of a report 0= document, ~~e following legend: "Prepared by ( City of Clermont the DeparL~ent o~ Ccmmunity of this ( Sewer Study aided through a grant from under the Local Government .;Ssistance Fund authorized ) under contract with Aiiairs. The preparation ) was financially the State of rlorida, Comprehensive Pl~~ning Act by Laws of rlorida." The cate (month and year) the document was prepared and the name of the consultant or Grantee community responsible for its preparation ~ll also be shown. x. ~eoresentatives for the Parties . In all matters ,rel~,~:.;:C; =::1 ":~e" ?erfcr:nance 'of this Agreement, '::..~e 9irector of the Division of Local Resource Ilanaqer.1ent s~a j : represen~ and act for ~e Depar:::nent, and the City Manager or other appropriately delegated official of the Grantee shall represent and act for the Grantee. Fage Five of Six ... " , Ii~ WITNESS HliEREOF, the Departmen t and the Gran tee have execu tt::. : this Agreement as of the date first above written. ATTEST: &i~JL/ftJ 'gnature) , f) City of Clermont (Grantee) . -5annr~ ~07~1' City Clerk Name and Tit e) BY: (Signature) lice ~ . C__ c- .&-",.~ (Maxor.()Ip..Q - ~iMl-") WITNESS: 'STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAI~S (Signa ture) BY: (Signature) Michael C. Garretson, Director Division of Local Resource Management . Page Six of Six .... c 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 'problems. . Report on treatment plant flow equalization. 4. Study plans and estimates for recommended improvements. 5. Master plan for unsewered areas. 6. 7. 8. 9. 10. . n-._...... ^-__ ,.....;: 1*\1J""Ilt":."J. ... ;. 'i .. ~ ~ APPENDIX IB' WORK PROGR&~ SCHEDULE FOR DOCUMENTS TO BE PREPARED WITH GRANT AND MATCHING FUNDS . , ITEM IJan. :Feb. Mar. Apr. May IJun. July Aug. Sept. Oct. Nov. Dec. - REPORT ON SEWAGE X X I X COLLECTION SYSTEM X X X REPORT ON INFILTRATION X X ~RT ON FLOW X EQUALIZATION X X X i STUDY PLANS AND I X I X X X I ESTIMATES I' I J___. r--:' --.- ---.,-.-----.-- I . . I I MASTER PLAN FOR X X X . UNSEWERED AREAS J__ . '.' Paae One of One J.