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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-017Temp. Reso. # / / `1 2 CITY OF TAMARAC, FLORIDA 3 RESOLUTION R--3'3'_-- 7 A RESOLUTION ACCEPTING THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE GRANT FROM THE STATE OF FLORIDA, 3 DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING AN EFFECTIVE DATE. 1-1 10 11 12 13 14 15 16 17 7R 23 24 23 26 27 26 29 20 WHEREAS, the City of Tamarac received on January 5, 1988, a Contract between the Department of Community Affairs and the City of Tamarac pursuant to 1986/87 Local Government Comprehensive Assistance Program Thirty Thousand, Three Hundred Ninety Dollars ($30,390.00) for services to be performed under this program; and WHEREAS, the scope of these services and schedule of deliverables were submitted by the City of Tamarac in its application for funding; and WHEREAS, the City of Tamarac will be responsible for the administration of the contract; and WHEREAS, the Municipality of the City of Tamarac must execute this contract prior to February 4,1988. and WHEREAS, the City of Tamarac will receive a warrant for forty percent (40%) of the total funds within a thirty to forty five day period after the contract is signed; and WHEREAS, the City Manager, or his Designate, shall execute said contract and return said contract to the Department of Community Affairs in Tallahassee, Florida on or before February 5, 1988. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the attached contract is hereby certified and has been executed by the City Manager of the City of Tamarac which outlines all the terms and conditions as agreed to in this contract for the purpose of Acceptance of this grant. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this-..-)-) day of F'-- mm BJERNARD HART MAYOR. ATTEST: 4? CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ng of -Pis RESOLUTION. RI CHARD L. DOODY CITY ATTORNEY MAYOR: HART c.e; D)"S I'. i. C/M ROHF2 C G-w" �-6 -)l- \W-UL' J:7 �) 1 " STATE OF FLORIDA ` Fig 11 DEPAI:TMENT 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 Citz of Tamarac , hereinafter referred to as the "Recipient". WITNESSETH WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, Florida Statutes, and Chapter 67-98, 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 Paymentfof these state funds pursuant to this contract are subject to anq 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) Intent of the Contract (1) 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-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, F.S. (B) Scope of Services, Schedule of Deliverables. (1) Attachment A, Scope of Services/Schedule of Deliverables, is hereto incorporated by reference. (2) Except in areas where the Recipient is a charter county with overall planning responsibilities or has d1)cuv-.,Pted planning requirements through a joint services provided under this contract shall be in connection with the total area under the Recipient's jurisdiction. 1 IV. Consideration (A) Amount of Consideration (1) As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $ 30 390 . Payment will be based on the payment schedule contained in Article V of this contract. (B) Use 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 112.061, Florida Statutes. (3) Funds may not be used for the purchase of equipment or other capital items. V. Method of Payment (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 February 28-_1988 _ �• (B) The Department shall pay the final sixty (60) per centum of the funds after receipt of the work products ,,,der this contract, and the inal financial report due August 15 1988 (C) All financial reports shall be submitted in dizail 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 Februjry 28,8 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 August 151988 , 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. 2 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 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 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 Tamarac, Florida E1 1 L. X. Liability The Recipient hereby agrees to hold harmless the Department, to the extent allowed and required by law, from claims, demands, liabilities and suits of third persons or entities not a party to this contract arising out of, or due 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 all to (A) The contract shall commence on the last date of signing 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 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. 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: "sra, ration of tkas (map or DZ9c=ent) was aiaaa through financial assistance rece ved from the 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 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 rota 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. 4 FSo�-17 ,a (B) The Representative of the Recipient responsible for the administration of this contract is Theme gown -Potter , Directo of ComminitX Dpvpla=eat-- (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. RECIPIENT_ BY: , XrIA,"/ Name ard/Titl e John P. I�e�ly, City Manager Data January 27, 1988 STATE OF FIARIDA DEPARTMENT OF�COMMUNITY AFFAIRS BY: Witness Carol E. 8arbuto City Clerk Name and Title Benjamih L. "Woody" Price, Jr., Director Date February 17, 1988 E3 M e S6 , qg,- r7„ Page 1 of 2 Attachement 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 SECTION OF 9J-5 1. Resident and seasonal population estimates and projections in- cluding description of methodology 2. Goals and Objectives and Poli- cies for the following elements: a. Traffic Circulation b. Housing c. Sanitary Sewer, Solid Waste, Drainage,,potable Water and Natural Groundwater Aquifer Recharge d. Conservation e. Recreation and Open Space f. Intergovernmental Coordina- tion g. Capital Improvements 1. 9J-5.005(2)(e), F.A.C. 2. a. 9J-5.007(3)(a)-(c), F.A.C. b. 9J-5.010(3)(a)-(c), F.A.C. c. 9J-5.011(2)(a)-(c), F.A.C. d. 9J-5.013(2)(a)-(c), F.A.C. e. 9J-5.014(3)(a)-(c), F.A.C. f. 9J-5.015(3)(a)-(c), F.A.C. g. 9J-5.016(3)(a)-(c), F.A.C. Form No. RPM/LRP (6/87) �sd Page 2 of 2 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: February 28, 1988 (1) financial report (2) progress report outlining current status of contracted work products (3) Resident and seasonal population estimates and projections including description of methodology. (4) Goals, Objectives & Policies for the following elements: a. Traffic Circulation b. Housing c. Conservation d. Recreation and Open Space e. Intergovernmental Coordination (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: August 15, 1988 (1) final financial report (2) Goals, Objectives and Policies for the following elements: a. Sanitary Sewers, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge b. Capital Improvements (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)