HomeMy WebLinkAboutCity of Tamarac Resolution R-87-034Introduced By: a Temp. Reso. #4486
1 CITY OF TAMARAC, FLORIDA
2 RESOLUTION R-87--2/
3 A RESOLUTION ACCEPTING THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ASSISTANCE GRANT
4 FROM THE STATE OF FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS; AND PROVIDING AN EFFEC-
TIVE DATE.
6
7 WHEREAS, the City of Tamarac received on January 7, 1987,
B a Contract between the Department of Community Affairs and the
9 City of Tamarac pursuant to 1986/87 Local Government Comprehen-
10 sive Assistance Program Twenty Eight Thousand, One Hundred Sixty
11 Three Dollars ($28,163.00) for services to be performed under
12 this program; and
13 WHEREAS, the scope of these services and schedule of
14 deliverables were submitted by the City of Tamarac in it's appli--
15 cation, for funding; and
16 WHEREAS, the City of Tamarac will be responsible for the
17 administration of the contract; and
1 8 WHEREAS, the Municipality of the City of Tamarac must
19 execute this contract prior to February 7, 1987; and
20 WHEREAS, the City of Tamarac will receive a warrant for
21 thirty percent (30%) of the total funds within a thirty to forty
22 five day period after the contract is signed; and
Z3 WHEREAS, the City Manager, or his Designate, shall execute
24 said contract and return said contract to the Department of
25 Community Affairs in Tallahassee, Florida on or before February
26 7, 1987.
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
28 OF TAMARAC, FLORIDA:
29 SECTION 1: That the attached contract is hereby certi-
30 fied and has been executed by the City Manager of the City of
31 Tamarac which outlines all the terms and conditions as agreed to
32 in this contract for the purpose of Acceptance of this grant.
33
34
35
36
Temp. Reso. #4486
SECTION ?: This Resolution shall become effective imme-
diately upon adoption.
PASSED, ADOPTED AND APPROVED this 2day of , 1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
A. BR A T EGA E
CI'IkX_)ATTOR EY
BERNA DL89RT
MAYOR
MAYOR: HART
DIST. 1: C/W MASSARO ..
DIST. 2: V/M STELZER .,.
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN
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 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 86-167, 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 funds 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 86-167, 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
documented planning requirements through a joint
agreement, services provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
1
„�sa 81�3f
n
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 $ 28,163 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 advance thirty (30) per centum
of the funds after execution of this contract by the Recipient
and the Department.
(B) 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 March 31, 1987.
(C) The Department shall pay the final thirty (30) per
centum of the funds after receipt of the work products produced
under this contract, and the final financial report due September
30, 1987.
(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, on report forms provided by the
Department, a progress report on the planning
program, and copies of drafts or completed work
products due March 31, 1987. Copies of Form No.
RPM/LRP (2/86), entitled Financial 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 September 30, 1987, unless the Recipient
received an extension pursuant to Rule 93-16.005(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. "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.
0
•
go
K
5 V . � 1,3
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 1986-
87 and 1987-88 fiscal years.
(E) In the event the audit show that a part or the entire
fund was not spent in accordance with Chapter 9J-16, 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 by the
• subcontractor arising out of the performance of work under this
Contract.
(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 shall be solely responsible to parties with
3
whom it shall deal in carrying out the terms of this contract and
shall hold the Department harmless against all claims of whatever
nature by third parties arising out the performance of work under
the Contract.
XI. Contract Term
(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
shall be completed on or before September 30, 1987 unless the
Recipient has received an extension pursuant to Rule 9J-
16.005(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:
"Preparation of this (Map or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Comprehensive Planning
Assistance Program authorized by Chapter 86-167, 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 rata 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 Meredith
Wheeler, Bureau of Local Resource Planning, Technical Assistance
Section.
(B) The Representative of the Recipient responsible for
the administration of this contract is
THELMA BROWN , CITY PLANNER .
L-J
0
r1
LJ
4
II
r
5�. g1.3
(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: %+
>�`�re ..
BY: .
Name and Title John P. elly, City Manager
Date
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
n
LJ
Name and Title
Date
C�
Witness2
z
5
u
'\ ('se - ff 1- 3 q
Page 1 of 2
Attachment A
SCOPE OF SERVICES/SCHEDULE OF DELIVERABLES
a. Scope of Services — describe, in outline form, the work.
that will be completed during this contract period using
the allocated funding.
Prepare draft of Land Use Element including existing and
Future Land Use map.
Prepare Data and Analysis Report for the following Elements
of the Plan including all required maps:
Traffic Circulation
Housing
Sanitary Sewer, Solid Waste, Drainage, Potable Water
and Natural Groundwater Aquifer Recharge
Conservation
Recreation and Open Space
Intergovernmental Coordination
Capital Improvements
NOTE: These work items shall be prepared in accordance with
requirements of the sections of the Florida Statutes
and Florida Administrative Code listed in (b) of page
2 of this Attachment.
i
Form No. RPM/LRP(9/86)
E
11
n
i
�J
Page 2 of 2
b. Identify sections of Chapter 163, Part 11, F.S., and
Chapter 9J-5, FAC, that will be satisfied by each work
item listed in above.
163.3177(6)(a)
163.3177 (6) (b)
163.3177 (6) (f)
163.3177 (6) (c)
163.3177 (6)
(d)
163.3177 (6)
(e)
163.3177 (6)
(h)
163.3177 (6)
(a)
9J-5.006
FUTURE LAND USE ELEMENT,
9J-5.007(1)and(2)
TRAFFIC CIRCULATION ELEMENT
9J-5.010(1)and(2)
HOUSING ELEMENT
9J-5.011(1)
SANITARY SEWER, SOLID WASTE, DRAINAGE,
POTABLE WATER, AND NATURAL GROUND-
WATER AQUIFER RECHARGE ELEMENT
9J-5.013(1)
CONSERVATION ELEMENT
9J-5.014(1)and(2)
RECREATION AND OPEN SPACE
9J-5.015(.1)and(2)
INTERGOVERNMENTAL COORDINATION ELEMENT
9J-5.016(1)and(2)
CAPITAL IMPROVEMENTS ELEMENT
C. Schedule of Deliverables - identify the work products
that will be by submitted March 31, 1987 and by the
September 30, 1987 closeout pursuant to 9J-16.005(4):
March 31:
(1) financial report
(2) progress report
Preliminary Land Use Data Report including existing
Land Use map.
September 30:
(1) closeout financial report
• Draft of Future Land Use Element including existing and
Future Land Use Maps.
Data and Analysis Report of remaining Elements including
all required maps.
• NOTE: All work products to be submitted on March 31 and September 30 shall
be prepared in accordance with requirements of a. and b. above.
ii
Form No. RPM/LRP(9/86)
,, Re 5;r. S 7, 3 t/ ',
W-A Staff Only:
Approved by Due on the day of the
month following the report period.
Date:
FINANCIAL REPORT
LDCAL GONM h%MhT COMPREHENSIVE PLANNING ASSISTANCE PROCR!►t9
Local Government Name: Contract Na.
Address: Report for the period endin&:
DISBUASgffXTS TOTAL DISSURSE. N-Ts
GTFGORIES TO DATE
CITRILEXT PERIOD (A)
A IES
A.N'T nES
•E
-TRAti
PECI
CASH POSITION
Cash Advanced - - � 2 - - - -- - « - - - - - - - - 00000
«««« - - - - - - - « « « « « - - - - « « « - - - - - - ........ « « « -;
Cash Reimbursement:
Date Received Amount
(7)
Total Cash Reimbursements--i��l''---------------««rr--r-«r«««----------«:
Total Cash Received ........................ !
Total Cash Disbursed to Date (Colum A Above) ------ -«---------------«----«.._
Cash Balance as of (Date) --- -----------------rr-«---«;
Amount of Marrant to be issued ------------ «----:
C�
Authorized Signature Title Date
Form No: RPMILRP (2/66)
0
(k Aso.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
81-"3 -4
It
2571 EXECUTIVE CENTER CIRCLE, EAST 0 TALLAHASSEE, FLORIDA 32399
BOB MARTINEZ
WOC1h TOM LEWIS, IR.
Governor January 7, 1987 Secretary
Honorable Bernard Hart
Mayor
City of Tamarac
5811 Northwest 88 Avenue
Tamarac, Florida 33321
Dear Mayor Hart:
Enclosed are two copies of a contract between the Department
of Community Affairs and City of Tamarac pursuant to the
1986-87 Local Government Comprehensive Planning Assistance
Program. The contract provides for payment by the Department of
$28,163 for services to be performed by the municipality.
The scope of services and schedule of deliverables which
were submitted by the municipality in its application for funding
is incorporated in the contract by reference (Attachment A). A
copy of Financial Report form number RPM/LRP (2/86) is also
enclosed for your information.
Please indicate in paragraph XV (B) of the contract the name
and title of the person designated by the municipality to be
responsible for administration of the contract.
Both copies of the contract should be executed by the chief
elected official or other person authorized by the municipality
and returned to Ms. Meredith Wheeler at the address above within
30 days from the date of receipt.
After execution by the Department, a copy of the contract
will be returned to the municipality for your records. A warrant
for 30 percent of the total funds will be forwarded to the
municipality 30-45 days after the contract is signed.
EMERGENCY MANAGEMENT 0 HOUSING AND COMMUNITY DEVELOPMENT 0 RESOURCE PLANNING AND MANAGEMENT
If you have any questions, please contact Meredith Wheeler
at 904-487-4545.
Sincerely,
Ja ur ey, Director
D ision of Res rce
lanning and Management
JFM/ram
Enclosures
Pj
1.1