88-R-20
RESOLUTION NO. 88-R-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING 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
Comprehensive Planning 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 Comprehensive
Planning 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in conflict herewith be and the same are hereby repealed.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
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said
Council held on the 4th day of January , 1988, and
approved as provided by law.
This Resolution was introduced and sponsored by Councilman
,g , and was read and passed by a vote of the
City Council of the City of Edgewater, Florida, at a regular
meeting of said Council held on the 4th day of January ,
1988, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
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ouncil-gone T ee
ouncilmaann-Zo a Four _
Authenticated this 4th day of January , 1988.
Mayor
This�o ion p ared byion p ared by:
ney
Res. 88-R-2
JAU
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS Buresv of Lc::'. ?'%""g
uxilh
LDCAL 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 Edgewater , hereinafter
referred to as the Rac p ent .
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
and Chapter
allorida, has determined ithat tthe tRecipientt is �
eligible cos
of
Assistanreceive ce Program, hereds under the inafter cal referred tent o then"Program".
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MOTDALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient to
perform the hereby agreasto perform ervices ssuch eservices under d herein and hthe eterms ndoes
and
conditions set forth in this contract.
II. Availability of Funds
Payment of these state funds pursuant to this contract are
subject to end conditioned upon the total release of authorised
AssistanceiProgram providedhe abyGChapter 37-99ent m8p, Lawssive Planning
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
complete a portion of the necessary technical
services required to update and ravine 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-5, 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, P.S.
(1)
(S) scope of Services, Schedule of Deliverables.
(1) Attachment A, Scope of Services/Schadule of
Dolivarablas, is hereto incorporated by reference.
(2) Except in witareas where the Recipient is a charter
county h overall planning responsibilities or has
documented planning requirements through a joint
agreement, services provided under this contract
shall be in connection v'.th the total area under the
Recipient's jurisdiction.
1
rV. Consideration
(A) Amount of Consideration
(1) As consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 21 240.00 Payment will be based on the payment
ache u e contained in Article V of this contract.
(a) Vse of Funds
(1) Funds may be used for salaries and expenses of local
government staff members or subcontractors involved
in preparing a portion of the required comprehensive
plan revisions pursuant to an approved scope of
services and work completion schedule.
(2) Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions of Section 212.061, Florida
Statutes.
(3) orother dssay
ycnot be used items or the purchase of equipment
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.
(e) The Department shell pay forty (40) per eentum of the
funds after receipt and approval of the progress report, financial
report, and copies of.drafts or completed work products, due
w•roh 30, 1989
(C) The Department shall pay the final thirty-five (35)
per cantum of the funds after receipt of the work products under
this contract, and the final financial report due September 30. 1988
(D) All financial reports shall be submitted in detail
sufficient for a proper pre- and post -audit thereof.
VI. Required Reports and Records
(A) The Recipient shall provide to the Department:
(1) a financial report and a progress report, on report
forms provided by the Department, and copies of
drafts or completed work products due March 30 1988
Copies o1 Form No. RPM/LRP (3/87), ent t F Mane al
Report" and Form No. RPM/LRP (4/87), entitled "Progress
Report," may be obtained from the Departments
(2) reportract and alcopyuofreport each workspsting of a roducfinancial
t produced under
this program shall be received by the Department no
later than se tember 30 1988 , unless the Recipient
received an extension pursuant to Rule 8J-20.005(7),
Florida Administrative Code.
(a) 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
furthar 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.
Form 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.
(S) These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorised 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 :finder 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 ewitract for a period of three years
after the data of submission r.f the final expenditures report, or
if an audit has bean initiated and audit findings have not been
resolved at the and 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.
(S) 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 to 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. So 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 se tember 30 1 88
unless the Recipient has received an extens on pursuant to Ru a
9J-20.005(7), Florida Administrative Code.
XII. Xodification of Contract
Zither 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 (Mat orDocument) was aided through
financial assistance recvoc tree State of Florida
under the Local Government Comprehensive Planning
Assistance Program authorized by Chapter 87-98, Laws of
Florida and administered by the Florida Department of
Community Affairs.*
The data (month and year) the document was prepared and the rama
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 tan (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 Randy Zipser,
Bureau of Local Resource Planning, Technical Assistance Section.
(B) The Representative of the Recipient responsible for
the administration of this contract is
(Mrs.)Cornelia A. Martinez, CMC I City Clerk/Administrator
(C) In the went 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 an duly
authorized.
RECIPIENT:
BY: (94a
Name and Title Earl D. Baugh, Mayor
Ditto January 7. 1988 Witness
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title Benjamin E. "Woody" Price, Jr., Director
Date January 28, 1988
5
Page 1 of 2 pages
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 column to
the right, the specific sections of Chapter 9J-5, F.A.C., that
will be completed by each work item listed. If a section 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).
WORK PRODUCTS
1. Conservation Element
2. Traffic circulation Element
3. Recreation and Open Space
4. Intergovernmental Coordination
Element
5. Capital Improvements Element
SECTION OF 9J-5
1. 9J-5.013, F.A.C.
2. 9J-5.007, F.A.C.
3. 9J-5.014, P.A.C.
4. 9J-5.015, F.A.C.
5. 9J-5.016, F.A.C.
Form No. RPM/LRP (6/87)
s
Page 2 of 2 pages
H. SCHEDULE OF DELIVERABLES - Please indicate, under the
appropriate dates below, the specific work products from
A. Scope of Services that will be submitted for the "interim"
and the "final" product delivery dates pursuant to 9J-20.005(4).
Interim Date: !larch 30, 1988
(I) financial report
(2) progress report outlining current status of contracted
work products
(3) Conservation Element
(4) Recreation and Open Space Element
(5) Traffic Circulation Element
The above work products will be completed in accordance with the requirements of
Chapter 93-5. F.A.C., as referenced in the Scope of Services.
Final Date: September 30, 1988
(1) final financial report
(2) Intergovernmental Coordination Element
(3) Capital Improvements Element
The above work products will be completed in accordance with the requirements of
Chapter 93-5. F.A.C., as referenced in the Scope of Services.
Form No. RPM/LRP (6/871