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90-R-11RESOLUTION NO. 90-R-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE THE "LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; SECTION 1: That the City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater, Florida to execute the "Local Government Land Development Regulation Assistance Program Contract" between the State of Florida Department of Community Affairs and the City of Edgewater. SECTION 2: A copy of said "Local Government Land Development Regulation Assistance Program Contract" is attached to this Resolution and by reference incorporated herein as if fully set forth and marked "Exhibit A". SECTION 3: That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4: That this resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, at a Special meeting of said Council held on the 14 day of February ,199 0 , and approved as provided by law. This resolution was introduced and sponsored by Councilman Fish and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a Special meeting of said Council held on the 14 day of February , 199 fi and authenticated as provided by law. ROLL CALL VOTE ON RESOLUTION NO. 90-R-11 AS FOLLOWS: - ZONE TfIREE Z,�, A -Aw COUNCILMAN - ZONE FOUR o ATTEST: f_ CITY CLERK Authenticated this 14 day of r�-i, _,J.. ,199 MAYOR App v r : CITY ATTORNEY NEY -2- Res. 90-R-11 y® coaa-or7s"as-4a9 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM CONTRACT This contract is entered into between the State of Florida, Department of Community Affairs, hereinafter referred to oeas the "Department^, and- Cic of Ed ewe ter referred to as the "Rec p ant". WITNESSETH WHEREAS, the Department, in furtherance Of its duties under Chapter 163, Part II, Florida Statutes, and Chapter 89-253, Laws of Florida, has determined that the Recipient is eligible to receive funds under the Assistance Program, hereincal oafterrefervernment nred toasOthel"Progr opment m"qulatlon 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 operform such services under the terms and conditiset fthis contract, ICI. Availability of Funds Payment of these state funds pursuant to this contract are ubject to and conditioned upon the total release of authorized s Assistanceions Om the Program providedaby overChapteern89-253,DLawsoofeFloridalation 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 all or a portion of the necessary technical services required to prepare or revise land developent Floridamstatutes, and nto prepare ayreport o3202, which explains how the land development regulations are consistent with and implement the adopted comprehensive plan as identified in the scope of services. Neither the Department's entering into this agreement nor its acceptance of the Recipient's work products shall be construed as a determination by the Department that the local government has met any of the requirements of Chapter 163, Florida Statutes, or any provisions of the Florida Administrative Code.' (B) Scope of services. (1) Attachment A ,cope of Services, is hereto incorporatedby (2) Except in areas where the Recipient is a charter county with overall planning responsibilities or has documented planning requirements through a joint Nall services provided under this contract shall be in connection iwith the total area under the Recipient's Jurisdiction. V h!I VII Consideration (A) Amount of Consideration (1) As consideration for work contract, the Department to $ 2164,9Payment with the payment schedul e (1) Funds may be used for salaries and expenses of local government staff members or subcontractors involved in preparing all or a portion of the required land development regulations and a report which explains how the land development regulations are consistent with and implement the adopted comprehensive plan pursuant to an approved scope of services. (2) Travel expenses incurred by the Recipient in fulfillment of this contract shall be in accordance with the provisions of Section 112.061, Florida Statutes. (3) Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsum- able and nonexpendable nature with an expected useful life which exceeds the duration of this contract. 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 the final seventy-five (75) per centum of the funds after receipt of the work products under this contract due September 30, 1990 Required Reports and Records (A) The Recipient shall.provide to the Department a contract closeout report consisting of a copy of each work product produced under this program. The report shall be received by the Department no later than September 30, 1990 , unless the Recipient received an extension pursuant to Rule 9J-29.005(8), 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. 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 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) Of these funds in thetlocal laudit prepared include an byaccounting the Recipient for the 1989-90 and 1990-91 fiscal years. (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with Chapter 9J-29, 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. ancial (F) The supporting edocuments, nt shall Bstatistical tain all nrecordsrecords, edandany 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 solved at the retained untilresolutionofd of three theauditrs, the findings. cords shall befindings. 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. de (s) The thatRthepient agrees subcontractor oshall uhold nthe esubcontract Department and Recipient harmless against all claims of whatever ofture workaunder9out of the this Contract, thecextentperformance 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. 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 the last date of signing by the parties involved. (B) All activities performed pursuant to this program contract shall be completed on or before Se [ember 30, 1990 , unless the Recipient has rece ved an extension pursuant to Rule 9J-29.005(8), 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 (Man or Document) was aided through financial assistance received from the State of Florida under .the Local Government Land Development Regulation Assistance Program authorized by Chapter 89-253, 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 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 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 rate 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 manager for this contract is Lenwood Herron, Bureau of Local Planning, Grants and Publications Section. (B) The Representative of the Recipient responsible for the administration of this contract is Flly F Tnhnwnn , City Manager (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 parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. - By - 77 /1:i wl Name and Title RUSSELL A COLD VICE 14AYOR Date / y lY 94 witness STATE OF FI.ORIDA DEPARTMENT OF 61 P Y AFFAIRS BY: Name and Title Paul Bradshaw, birector Date March 14, 1990 5 Page 1 of 1 ATTACHMENT A 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 column to the right, the specific sections of Chapter 163, Part II, Florida Statutes, that will be completed by each work item listed. (If necessary, Please copy this page and continue). WORK PRODUCTS 1. Report which explains the LDRs are consistent with and implement the adopted comprehensive plan, as required by s.163.3202(1), F.S. 2. Land Development Regulations which.govern the following: Is) Subdivision of land (b) Use of land and water (c) Protection of potable water wellfields (d) Regulation of floodplain areas and provision of drainage and stormwater manage- ment le) Protection of environ- mentally sensitive lands If) Signage Ig) Avallability.of public facilities and service: concurrent with the impacts of development (h) Onsite traffic flow and parking ON OF CHAPTER 263, F.S. or CHAPTER 9J-29, F.A.C. 9J-29.005(2)(e), F.A.C. (a) s.163.3202(2)(a),F.S. (b) s.163.3202(2)(b),F.S. (c) s.163.3202(2)(c),F.S. (d) s.163.3202(2)(d),F.S. (a) s.163.3202(2)(e),F.S. (f) s.163.3202(2)(f),F.S. (g) s.163.320212)(9).F.S. Ih) s.163.3202(2)(h),F.S. ALL WORK PRODUCTS WILL BE COMPLETED IN ACCORDANCE WITH THE APPLICABLE REQUIREMENTS OF CHAPTER 163, PART II, F.S., AND RULE CHAPTERS 9J-29 AND 9J-24, F.A.C., AS REFERENCED ABOVE.