HomeMy WebLinkAboutReso 2000-265
RESOLUTION NO. 2000 - 2Co5-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A CONTRACT,
ATTACHED HERETO AS EXHIBIT "A", BY AND BETWEEN THE
CITY OF SUNNY ISLES BEACH AND THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR A PAYMENT IN THE AMOUNT OF
$40,000 PAYABLE UPON SUBMISSION OF PROPOSED LAND
DEVELOPMENT REGULATIONS; RATIFYING PRIOR AWARDS
UNDER CONTRACT NUMBER 99-DR-IF-1l-23-02-005, ATTACHED
HERETO AS EXHIBIT "B", IN AN AMOUNT OF $40,000 PAYABLE
UPON SUBMISSION OF A DRAFT COMPREHENSIVE PLAN AND A
MODIFICATION TO CONTRACT NUMBER 00-DR-IF-1l-23-02-001,
A TT ACHED HERETO AS EXHIBIT "C", IN AN AMOUNT OF $40,000
PAYABLE UPON SUBMISSION OF THE PROPOSED
COMPREHENSIVE PLAN AND DRAFT LAND DEVELOPMENT
REGULATIONS; FURTHER ACKNOWLEDGING THAT A TOTAL
AMOUNT OF $120,000 HAS BEEN GRANTED BY THE STATE OF
FLORIDA TO ASSIST IN THESE EFFORTS; AUTHORIZING THE
MAYOR TO EXECUTE SAID CONTRACT AND AUTHORIZING THE
CITY MANAGER AND/OR HIS DESIGNEE TO TAKE ANY AND ALL
ACTION NECESSARY WITH RESPECT TO THE OBTAINING AND
DISTRIBUTION OF GRANT MONIES AS APPROPRIATE WITHOUT
FURTHER APPROVAL OF THE COMMISSION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, under the Local Government Comprehensive Planning and Development
Assistance Program, the Florida Department of Community Affairs makes grants available to
newly incorporated municipalities to assist in preparation of necessary planning and zoning
regulations, specifically the Comprehensive Plan and Land Development Regulations; and
WHEREAS, the City of Sunny Isles Beach was deemed eligible to participate in this
program and entered into two previous agreements allocating $40,000 per contract in December
1998 and September 1999, respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Contract. The contract, attached hereto as Exhibit "A", by and
between the City of Sunny Isles Beach and the Florida Department of Community Affairs for
a payment in the amount of $40,000 payable upon submission of proposed land development
regulations, be, and the same, is hereby approved.
Section 2. Ratification of Prior Grant Awards. The City Commission hereby ratifies the
prior award of funds under Contract No. 99-DR-1F-11-23-02-005, attached hereto as Exhibit
"B", in an amount of $40,000 payable upon submission of a draft Comprehensive Plan and
1
DCA Draft Comprehensive Plan Grant Awards.res.
Contract No. OO-DR-1F-1l-23-02-001, attached hereto as Exhibit "C", in an amount of
$40,000 payable upon submission of the proposed Comprehensive Plan and draft Land
Development Regulations.
Section 3. Acknowledgement of Total Amount of Grant. The Commission hereby
acknowledges that the total amount of the grant award from the Florida Department of
Community Affairs is $120,000 of which $40,000 has been received to date, $20,000 has
been requested as the proposed Comprehensive Plan has been submitted, an additional
$20,000 will be received by the end of the current calendar year following submission of
draft Land Development Regulations and the final $40,000 will be received during FY 2000-
01 following submission of proposed Land Development Regulations.
Section 4. Authorization of Mavor and City Manager. The Mayor is hereby authorized to
execute said contract and the City Manager and/or his designee are hereby authorized to take
any and all action necessary with respect to the obtaining and distribution of grant monies as
appropriate without further approval of the City Commission.
Section 5. Effective Date. This Resolution shall be ef ective upon adoption.
'" . i "
PASSED AND ADOPTED this 14th day of August
1\TTEST:
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, I
~~~
", , . JIhrd Brlown-M6rilla, City Clerk
.. =1> ". ~.... . .
Moved by:
Seconded by:
~~~~%~~~~~~~mA.IJ
Vote: S - 0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
0Yes)
0Yes)
-.!L(Yes)
~(Yes)
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_(No)
_(No)
_(No)
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2
DCA Drqft Comprehensive Plan Grant Awards,res,
DEPT OF COMM AFFAIRS Fax:8504883309
Aug 14 2000 09:41
P.02
.
RECEIVED
AUG 1'42000
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AF
y Isl~s Beach
,DDedicated to making Florida a better place to call homeH
IEB BUSH
Governor
STfV~N M. SElBI;RT ,
~tary
August 14,2000
The Hortorable David Samson
, Mayor, City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Re: Local Government Comprehensive Planning and Land Development Regulation
Assistance Program Contract, Contract Number 00-DR-1 T -11.;.23-02-001'
Dear Mayor Samson:
Attached are the requested modifications to the above-referenced agreement which
extends the contract period through November 15, 2000. Please review, have the contracts
signed by the Mayor Of other city official authorized by ordinance, and submit both originals "
back to the Department for final execution.
If you have any questions, please call me at (850) 922-1752.
Sincerely,
Beth Frost
Senior Management Analyst I
Attachments
cc: Marla Dumas, Community Planning and Development Director
2555 SHUMARD OAK 80ULEVARD . TALLAHA5SEE, FLO~IDA 3:l399';llOO
Phone: S5-0,4SS.8466/Sunc::orn 278.8466 FAX: 850.921.0761/Suncorn 291.0781
Internet address: hltp:/lwww.dc::a.state.fl.us
CIUTlCA! STAT! CONCfRN FIELD OFFICE
2796 OVe<seiS HlallwfY. 5~lte 212
""tllhcln. fl 3305G.2227
(lOS, 28!l-2402,
COMMUNITY PlANNING
2.5. Shum~rd 0.. Boulev.rd
Tailahil55ee, fl 3Z3~~.21OO
(850) 488-2350
EMERGENCY MANAGEMENT
25'S Shumard ~ Boulev.on!
lalli~we, F~ 323,,.2100
l8501413-'9(o9
HOUSING II COMMUNITY DEVELOPMENT
2555 Shunwd Ook BoU'evord
Tall~u;I8li, Fl 323",,2100
(850l 488-7'50
'"
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I
.
Exhibit "A"
..
STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IEB BUSH
Governor
STEVEN M. SEIBERT
Secretary
July 18, 2000
The Honorable David Samson
Mayor, City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Re: Local Government Comprehensive Planning and Land Development Regulation
Assistance Program Contract
Dear Mayor Samson:
The 2000-2001 General Appropriations Act provides for an additional $40,000 grant to
be awarded to new local governments to assist in the development of the comprehensive plans.
Included as attachments are two original contracts for third-year funding under this program.
Please review, have the contracts signed by the Mayor or other city official authorized by
ordinance, and submit both originals back to the Department for final execution.
If you have any questions, please call me at (850) 922-1752.
Sincerely,
~dMd
Beth Frost
Senior Management Analyst I
Attachments
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
I n Ie rn el'id dress: hit P :/Iwww.dca.slate.(I.us
CRITICAL STATE CONCERN FIElD OFFICE
2796 Ovrrw~s Hichw~y. Suilr 212
~r~lhon. fL 330So-2221
130SI 2a9-2402
COMMUNITY PLANNING
2SSS ShulNrd O~k 8oulrv~rd
hll~N'see. fl32399-21oo
(aSOI 4Sa-2JS6
EMERGENCY MANAGEMENT
2SSS ShurNrd ~k 8oulry~rd
T~II~Nssee. fL )2)99-2100
caso) 413.9969
HOUSINC" COMMUNITY DEVelOPMENT
2SSS ShulNrd OU 8ou'~~rd
T~luNSsee. fL 32399-2100
caSOl 4aa-7?S6
Contract Number:
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Sunny Isles Beach, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services; and
B. WHEREAS, the Department has a need for such services and does hereby accept the offer
of the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Department has the authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) DEFINITION AND SCOPE OF WORK.
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 the specified work products
outlined in the Scope of Work and Schedule of Deliverables (Attachment A of this Agreement).
(2) REQUIRED REPORTS.
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 must be received by the
Department no later than November 1, 2001. 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
this contract if reports are not received within ten (10) days after notice by the Department.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end November 1,
2001, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department
at the following address:
..
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(5) RECORDKEEPING
(a) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
1, If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved,
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years after final disposition.
after closing of title.
3. Records relating to real property acquisition shall be retained for three years
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work and
Schedule of Deliverables - Attachment A - and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its records at reasonable
times to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.. local
time. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Scope of Work is being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function
or activity set forth in Attachment A to this Agreement.
(7) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be
safely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall
save the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat.. agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department. and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
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Recipient to which sovereign immunity applies. Nothing herein shC!1I be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any
contract.
(8) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of
the following events occur ("Events of Default"), all obligations on the part of the Department to make
any further payment of funds hereunder shall, if the Department so elects, terminate and the Department
may, at its option, exercise any of its remedies set forth herein, but the Department may make any
payments or parts of payments after the happening of any Events of Default without thereby waiving the
right to exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material !3dverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4, If the Recipient has failed to perform and complete in timely fashion any of
the services required under the Scope of Work and Schedule of Deliverables attached hereto as
Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or
more of the following remedies, either concurrently or consecutively. and the pursuit of anyone of the
following remedies shall not preclude the Department from pursuing any other remedies contained
herein or othef'Nise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least ten
(10) days prior written notice of such termination. The notice shall be effective when placed in the
United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address set forth in paragraph (9) herein; , ..
of this Agreement;
2. Commence an appropriate legal or equitable action to enforce performance
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
3
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for
the amount of costs incurred for any items determined to be ineligible;
5, Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds;
fraud: lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119. Fla Stat. as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, F~
Stat. as amended, Notification of suspension or termination shall include notice of administrative
hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties,
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, 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.
(9) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Beth Frost
Senior Management Analyst I
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
(8S0) 488-2356
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Marla Dumas
Director of Community Planning & Development
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (9)(a) above.
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(10) OTHER PROVISIONS,
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations. and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S,C. Section 12101 et seq, ), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of Category Two for a
period of 36 months from the date of being placed on the convicted vendor list.
(11) AUDIT REQUIREMENTS,
(a) The Recipient agrees to maintain financial procedures anC3 support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(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 Agreement.
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(d) The Recipient shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216,349, Fla. Stat., and Chapter 10.550 and
10.600, Rules of the Auditor General.
1, The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3, The complete financial audit report, including all items specified in (12)(d) 1
and 2 above. shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall
be held liable for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Department has notified
the Recipient of such non-compliance.
(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. However, if litigation or an audit has been initiated prior to
the expiration of the three-year period, the records shall be retained until the litigation or audit findings
have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by
the date the audit report is issued by the state Auditor General, whichever is later.
(i) An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
(12) SUBCONTRACTS,
If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within ten (10) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by all applicable state and federal laws and regulations. (ii) the subcontract is
bound by the terms and conditions of this contract between the Recipient and the Department. and (iii)
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 Agreement. to the extent
allowed and required by law. Any work products produced under the terms of a subcontract entered into
by the Recipient must meet the full terms and conditions, including timeframes, of this agreement
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between the Recipient and the Department in order for the Recipient to receive payment from the
Department. .
(13) TERMS AND CONDITIONS,
The Agreement contains all the terms and conditions agreed upon by the parties.
(14) ATTACHMENTS,
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only
to the extent of such conflict or inconsistency.
(15) FUNDING/CONSIDERATION.
(a) This is a fixed fee agreement. As consideration for performance of work rendered
under this Agreement, the Department agrees to pay a fixed fee of up' to $40,000.00. Payment will be
made in accordance with the provisions of Attachment A, Scope of Work and Schedule of Deliverables.
(b) Use of Funds.
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 work products specified
in Attachment A, Scope of Work and Schedule of Deliverables.
2. Funds may not be used for the purchase of equipment, fixtures, or other
tangible property of a nonconsumable and non expendable nature with an expected useful life which
exceeds the duration of this contract.
(16) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla, Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be subject tr
the same terms and conditions set forth in the initial Agreement. There shall be only one extension of
the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the
Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
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LJt.II Ur- l-Ulvllvl Hr r H 1 1<::> r ax : ~=>U4~~.j.jU<3
Rug 14 2000 09:42
P.05
material subject to th~ provisions of Chapter 119, Fla. Stat.. and made or received by the Recipient in "
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds und~r this
Agreement, any intarest income shall either be returned to the Department or be applied agai~stthe
Department's obligation to pay the contract amount.
(g) The State Of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the ;
employment pr.ovisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INN)]. The Department shall consider the employment by any contractor of !
unauthorized allens:aviolation of Section 274A(e) of the INA. Such violation by the Recipientiofthe
employment provisions contained in Section 274A(e) of the INA shall be grounds forunileteral
cancellation of this Agreement by the Department '
(17) STATE LOBBYING PROHIBITION.
No fund!;> or other resources received from the Department In connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency. '
(1.8) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement th~t it possesses the I~gal
authority to receive the funds to be provided under this Agreement and that, if appli~ble, it$ governing'
body has authorized, by resolution or otherwise. the execution and acceptance of this Agreement wittfaU
covenants and assurances contained herein. The Recipient also certifies that the undersigned ' '
possesses the authority to legally execute and bind Recipient to the terms of this Agreement. '
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their undersigned officials as duly authorized. '
. . )
,
STATE OF FLORIDA ,
DEPARTMENT OF COMMUNITY AFFAIRS
" BY;,
;,~~ P~IN+ N;M~:))a.V'I~ S ~So,,/
,i " , .1 '. . ~.
'':.\]1~LE: MO\'19":-
DATe~ '~$+ (6 I 'LOOO
FID# "?' -O?R.Lf6'f 7
BY:
J, THOMAS BECK
DIRECTOR
DATE:
e
',. .
Attachment A
Scope of Work and Schedule of Deliverables
Scope of Work
Services provided under this contract shall be in connection with the total area under the recipient's
planning jurisdiction.
1, In accordance with ~ 163.3184, Fla. Stat. and Rule 9J-5, FAC., the Recipient shall provide the
following: a copy of the proposed Land Development Regulations pursuant to Section 163.3202.
Schedule of Deliverables
1. The Department shall pay $40,000.00 to the Recipient following the Department's receipt,
review and acceptance of evidence of completion of the items outlined in the Scope of Work no
later than November 1, 2001.
9
Exhibit "B"
STATE
DEPARTMENT OF
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT
OF FLORIDA
COMMUNITY AFFAIRS
LAWTON CHilES
JAMES F. MURLEY
Governor
Secrelary
December 7, 1998
The Honorable David Samson
Mayor, City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Re: Contract Number 99-DR-1F-11-23-02-005
Dear Mayor Samson:
Enclosed is an original executed contract between the Department of Community Affairs
and the City of Sunny Isles Beach which covers the funding you will receive under the Local
Government Comprehensive Planning and Land Development Regulation Assistance Program
during the current fiscal year.
Please note that this contract expires on October 1, 1999. All work products specified in
this contract must be received by the Department of Cummunity Affairs by the above date for
release of the funds under this contract. It is very important that these items be received by this
date.
If you intend to subcontract the work authorized by this program, please note Section X
on pages 6 and 7 of this contract. Your contract with the subcontractor must bind the
subcontractor by the terms and conditions of this contract with the Department and must hold the
Department and the grant recipient harmleSs against all claims arising out of the subcontractor's
performance. Additionally, you must send the Department a copy of the executed subcontract
before any work products under this contract are submitted to the Department.
2555 SHUMARD OAK
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN
FIELD oFFla
2796 Overseas Highway, Suite 212
Marathon, Florida 330S0-2227
BOULEVARD · TALLAHASSEE,
SOUTH FLORIDA RECOvtRY OFFICE
P.O, Box 4022
8600 N'w. 36111 Slreet
Miami, Florida 33159.4022
FLORIDA 32399-2100
GREEN SNA,'..IP AREA OF CRITICAl STATE CONaRN
FIELD oFfla
1 SS East Summerlin
Bartow, Florida 33830-4641
The Honorable David Samson
December 7. 1998 .
Page Two
If you have any questions, please contact Beth Elrod at (850) 488-2356 or facsimile
number (850) 488-3309.
CI: be
Enclosures
cc: James DiPietro
qq~-w~ Jr::j 1-~3 ~D~ .005
STATE OF FLORIDA
DEPARTMENT OF COl\1MUNITY AFFAffiS
LOCALGOVERNMENTCO~REHENS~P~G
AND LAND DEVELOPMENT REGULATION ASSISTANCE
PROGRAM CONTRACT
This contract is entered into between the State of Florida, Department of Community
Affairs, hereinafter referred to as the "Department", and the City of Sunny Isles Beach, hereinafter
referred to as the "Recipient."
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part IT, Fla.
Stat.. has detennined that the Recipient is eligible to receive funds under the Local Government
Comprehensive Planning and Land Development Regulation Assistance Program; and
WHEREAS, pursuant to the 1998-1999 General Appropriations Act, the Legislature has
appropriated $160,000 to find implementation of the Local Government Comprehensive Planning
and Land Development Regulation Assistance Program;
NOW THEREFORE, THE DEP ARTIvfENT AND THE RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient for the performance of the
services described herein and the Recipient does hereby agree to perform such services under the
terms and conditions set forth in this contract.
ll. Availability of Funds
Payment of these state funds pursuant to this contract are subject to and conditioned upon
the total release of the funds appropriated to implement the Local Government Comprehensive
Planning and Land Development Regulation Assistance Program. The State of Florida's
performance and obligation to pay under this contract is contingent upon an annual appropriation
by the legislature.
1
IlL General Provisions
(a) The validity of the Agreement is subject to the truth and accuracy of all the
infonuation, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to the Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Department and within thirty (30) days written notice
to the Recipient, cause the termination of this Agreement and the release of the Department from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is
in conflict with any applicable statute or rule, or is otherwise unenforceable. then such provision
shall be deemed null and void to the extent of such conflict. and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other
right or remedy of the Department hereunder, or affect the subsequent exercise of the same right
or remedy by the Department for any further or subsequent default by the Recipient. Any power
of approval or disapproval granted to the Department under the tenus of this Agreement shall
_ survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original. '
(e) The Recipient agrees to comply with the Americans With Disabilities Act (public Law'
101-336,42 V.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two for a period of36 months from the date of being
placed on the convicted vendor list.
2
IV. Standard Conditions
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's perfonnance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. and subject to any modification in
accordance with Chapter 216. Fla, Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement. extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be
subject to the same terms and conditions set forth in the initial Agreement. There shall be only
one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement
for completion of the Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement. all bills for any travel expenses shall be
submitted in accordance with s. 112.061. Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents. papers. letters or
- other material subject to the provisions of Chapter 119. Fla. Stat.. and made or received by the
Recipient in conjunction with the Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement. any interest income shall either be returned to the Department or be applied against
the Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers. constituting a violation of the
employment provisions contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) of the
Inunigration and Nationally Act ("INA")]. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by
the Recipient of the employment provisions contained in Section 274A(e) of the lNA shall be
grounds for unilateral cancellation of this Agreement by the Department.
v. Definition, Scope and Quality of Service
(A) Intent of the Contract
The Recipient agrees. under the tenns and conditions of this contract and the applicable
state and local laws and regulations) to undertake. perform. and complete the specified work
3
products outlined in the Scope of Services. below. The Recipient further agrees that 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
satisfactorily met the requirements of Chapter 163. Part IT. Fla. Stat.
The Department recognizes that the funding received by the Recipient under this program
constitutes only a partial funding of the actual costs associated with the development, completion,
and adoption of the Comprehensive Plan and Land Development Regulations, and that the work
products being contracted for constitute only a portion of the requirements necessary for
completion of the Recipient's Comprehensive Plan and Land Development Regulations. The
Department and the Recipient agree that the work products funded under this contract must be
completed as specified herein in order for the Recipient to successfully complete its
Comprehensive Plan and Land Development Regulations, and that these work products are being
funded to achieve that end.
(B) Scope of Services.
(1) Services provided under this contract shall be in connection with the total
area ,under the Recipient's planning jurisdiction.
(2) In accordance with ~ 163.3184, Fla. Stat. and Rule 9J-5. F.A.C., the
Recipient shall provide the following: A substantially completed draft copy of the Recipient's
_ Comprehensive Plan, including the data, analysis, goals, objectives, and policies for all required
elements. The services provided under this Contract shall be in connection with the total area
under the Recipient's planning jurisdiction.
VI. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the Department agrees to pay a
fixed fee up to $40,000. Payment will be made in accordance with Section VII of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses oflocal government staff
members or subcontractors involved in preparing all or a portion of the required work products
specified in Section V(B), Scope of Services, of this contract.
(2) Travel expenses incurred by the Recipient in fulfillment of this contract shall
be in accordance with the provisions of ~ 112.061, Fla. Stat. .
4
(3) Funds may not be used for the purchase of equipment, fixtures, or other
tangible property of a nonconsumable and nonexpendable nature with an expected useful life
which exceeds the duration of this contract.
(4) These funds may not be used for the purpose of lobbying the Florida
Legislature or a state agency.
VIT. Method of Payment
(A) The Department shall pay $40.000 to the Recipient following the Department's
receipt. review, and acceptance of the work products specified in Section V(B) (2).
(B) The Department shall pay the amounts indicated in this agreement after timely receipt
of the work products under this contract are deemed by the Department to be acceptable.
"Acceptable to the Department" means that the work product was completed in accordance with
professional planning principles. and is consistent with the requirements of this contract. The
Recipient acknowledges and agrees that payment under this agreement is contingent upon
the Recipient providing the Department, on or before October 1, 1999, with all of the
requisite work products in final form, acceptance of the final work products by the
Department) and the Recipients' contract closeout report, as specified below.
vrn. Required reports and records
(A) The Recipient shall provide to the Department a contract closeout report consisting
ofa copy of each work product produced under this program. The report must be received by
the Department no later than October 1, 1999.
(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
payment until the reports are completed. The Department may terminate this contract if reports
are not received within ten (10) days after notice by the Department.
IX. Audit Requirements
(A) The Recipient agrees to maintain adequate financial procedures and adequate
support documents to account for the expenditure offunds 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 Oepartment. "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 provide the Department with an annual financial audit report
5
which meets the requirements of Sections 11.45 and 216.349. F. S.. and Chapter 10.550. Rules of
the Auditor General. and 01-1B Circular A- I 28 for the purposes of auditing and monitoring the
funds awarded under this contract.
(I) The annual financial audit report shall include all management letters and the
Recipient's response to all findings. including corrective actions to be taken.
(2) The annual financial audit report shall include a schedule of financial
assistance specifically identifying all contract and grant revenue by sponsoring agency and
contract number.
(3) The complete financial audit report. including all items specified in section
rx(C) (1) and (2) above. shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(D) The Recipient shall include an accounting of these funds in the annual financial audit
report prepared by the Recipient for the 1997-1998 and 1998-1999 fiscal years.
(E) In the event the audit shows that the entire fund. or portion thereof, was not spent in
accordance with 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. However. if litigation or an audit has been
initiated prior to the expiration of the three-year period. the records shall be retained until the
litigation or audit findings have been resolved.
x. Subcontracts
(A) If the Recipient subcontracts any or all of the work required under this contract. the
Recipient agrees to include in the subcontract specific language to inform the subcontractor that
the subcontract is bound by the terms and conditions of this contract between the Recipient and
the Department. and agrees to attach and incorporate the contract into the subcontract itself.
(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
. 6
subcontractor's performance of work under this contract, to the extent allowed and required by
law. .
(C) If the Recipient enters into a subcontract, a copy of the executed subcontract must be
forwarded to the Department.
(D) Any work products produced under the terms of a subcontract entered into by the
Recipient must meet the full terms and conditions, including timeframes, of this Agreement
between the Recipient and the Department in order for the Recipient to receive payment from the
Department.
XI. 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.
XIT. Contract Term
The contract shall commence on the last date of signing by the parties involved, and will
- terminate on October I, 1999. The Recipient will receive no compensation for work received
by the Department after this date.
Xli. Modification of Contract
Either party may request modification of the provisions of this contract with the exception '
that no extensions will be permitted. The General Revenue funding source cannot be
extended beyond the original timeframes of this agreement. Other changes which are
mutually agreed upon shall be made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIV. 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 ~nancia1
assistance received from the State of Florida under the Local Government
,-:omprehensive Planning and Land Development Regulation Assistance
Program, and administered by the Florida Department of Community
Affairs. "
7
.
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.
xv. Tennination
(A) This contract may be tenninated 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 tot he Recipient for purpose of set-off until such time as the exact amount of
damages due the Department from the Recipient is determined.
XVI. Notice and Contact
(A) The contract manager for this contract is:
Beth Elrod, Senior Management Analyst I -
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(B) The representative of the Recipient (not a consultant), responsible for the
administration of this contract is:
James DiPietro,. City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
(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.
8
xvn. 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 duly authoriz .
BY:
Name: DAVID SAMSON
(please Type or Print)
Title: MAYOR
(please Type or Print)
Date:
11//~/fV
I /
Witness: ~ /~6-k---
/ CW//~ If~h
- STATE OF FLORIDA
DEPARTMENT OF ~~AIRS
BY: /fPl., U/l~
Name: Carol A. Forthrnan
Title:
Direeto: Division of Community Plannin~1.J
{~I//JX Witness: ~ (J, {;JMrL
Date:
9
.
Exhibit "c"
STATE OF FLORIDA
~I[Y of Sunny ts'es~~
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities.
IEB BUSH
Governor
STEVEN M. SEIBERT
SecreUry
September 9, 1999
@@[P)w
The Honorable David Samson
Mayor, City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Re: Contract Number 00-DR-1F-11-23-02-001
Dear Mayor Samson:
Enclosed is an original executed contract between the Department of Community Affairs
and the City of Sunny Isles Beach which covers the funding you will receive under the Local
Government Comprehensive Planning and Land Development Regulation Assistance Program
during the current fiscal year.
Please note that this contract expires on October 1, 2000. All work products specified in
this contract must be received by the Department of Community Affairs by the above date for
release of the funds under this contract. It is very important that these items be received by this
date.
If you intend to subcontract the work authorized by this program, please note Section X
on pag'e 7 of this contract. Your contract with the subcontractor mu~t bind the subcontractor by
the terms and conditions of this contract with the Department and must hold the Department and
the grant recipient harmless against all claims arising out of the subcontractor's performance.
Additionally, you must send the Department a copy of the executed subcontract before any work
products under this contract are submitted to the Department.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone; (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address; hllp:/Iwww.dca.state.fl.us
flORIDA KEYS
lVu 01 Critical State Concern Field Office
2796 Oversea. Hiahway. Suite 212
Marathon, Florida 33050-2227
GREEN SWAMP
lVu 01 Critical Slate Concern Field Off"oce
205 East Main Swot, Suite 1 ().4
Bartow, Florida 33430-46-41
The Honorable David Samson
September 9, 1999
Page Two
If you have any questions, please contact Beth Elrod at (850) 488-2356 or facsimile
number (850) 488-3309.
Sincerely,
~(f;JMoC
Senior Management Analyst I
Enclosures
cc: James DiPietro
c . DR~ I t:""-II-~3-0~-oo 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAffiS
LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ASSISTANCE
PROGRAM CONTRACT
This contract is entered into between the State of Florida, Department of Community
Affairs, hereinafter referred to as the "Department", and the City of Sunny Isles Beach,
hereinafter referred to as the "Recipient. II
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, Fla.
Stat., has determined that the Recipient is eligible to receive funds under the Local Government
Comprehensive Planning and Land Development Regulation Assistance Program; and
WHEREAS, pursuant to the 1999-2000 General Appropriations Act, the Legislature has
appropriated $400,000 to continue funding implementation of the Local Government
Comprehensive Planning and Land Development Regulation Assistance Program;
NOW THEREFORE, THE DEPARTMENT A...l\ID THE RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient for the performance of the
services described herein and the Recipient does hereby agree to perform such services under the
terms and conditions set forth in this contract.
ll. Availability of Funds
Payment of these state funds pursuant to this contract are subject to and conditioned upon
the total release of the funds appropriated to implement the Local Government Comprehensive
Planning and Land Development Regulation Assistance Program.
ID. General Provisions
(a) The validity of the Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to the Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Department and within thirty (30) days written notice
to the Recipient, cause the termination of this Agreement and the release of the Department from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereofis
in conflict with any applicable statute or rule) or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other
right or remedy of the Department hereunder) or affect the subsequent exercise of the same right
or remedy by the Department for any further or subsequent default by the Recipient. Any power
of approval or disapproval granted to the Department under the terms of this Agreement shall
survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
( e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 US.C. Section 12101 et seg.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services) and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted. vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier)
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two for a period of36 months from the date of
being placed on the convicted vendor list.
2
IV. Standard Conditions
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be
subject to the same terms and conditions set forth in the initial Agreement. There shall be only
one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement
for completion of the Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the
Recipient in conjunction with the Agreement.
(t) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against
the Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationally Act ("INA")]. The Department shall consider the employment by
any co'ntractor of unauthorized aliens a violation of Section 27 4A( e} of the INA. Such violation
by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
V. 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 the specified work
3
products outlined in the Scope of Services, below. The Recipient further agrees that 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
satisfactorily met the requirements of Chapter 163, Part II, Fla. Stat.
The Department recognizes that the funding received by the Recipient under this program
constitutes only a partial funding of the actual costs associated with the development,
completion, and adoption of the Comprehensive Plan and Land Development Regulations, and
that the work products being contracted for constitutes only a portion of the requirements
necessary for completion of the Recipients' Comprehensive Plan and Land Development
Regulations. The Department and the Recipient agree that the work products funded under this
contract must be completed as specified herein in order for the Recipient to successfully
complete its Comprehensive Plan and Land Development Regulations, and that these work
products are being funded to achieve that end.
(B) Scope of Services.
(1) Services provided under this contract shall be in connection with the total
area under the recipient's planning jurisdiction.
(2) In accordance with ~ 163.3184, Fla. Stat. and Rule 9J-5, F.A.C., the
Recipient shall provide the following:
, (a) A copy of the proposed Comprehensive Plan, including the Data &
Analysis, transmitted following public hearing by the local government, pursuant to Section
163.3184(3)(a); and
(b) A copy of the draft Land Development Regulations pursuant to
Section 163.3202.
VI. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the Department agrees to pay a
fixed fee up to $40,000. Payment will be made in accordance with Section VII 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 all or a portion of the required work products
specified in Section V(B), Scope of Services, of this contract.
4
(2) Travel expenses incurred by the Recipient in fulfillment of this contract shall
be in accordance with the provisions of Section 112.061, Fla. Stat.
(3) Funds may not be used for the purchase of equipment, fixtures, or other
tangible property of a nonconsumable and nonexpendable nature with an expected useful life
which exceeds the duration of this contract.
(4) These funds may not be used for the purpose oflobbying the Florida
Legislature or a state agency.
VIT. Method of Payment
(A) The Department shall pay $20,000 to the Recipient following the Department's
receipt, review, and acceptance of the work products specified in Section V(B) (2) (a).
(B) The Department shall pay $20,000 to the Recipient following the Department's
receipt, review, and acceptance of the work products specified in Section V(B) (2) (b).
(C) The Department shall pay the amounts indicated in this agreement after receipt of
the work products under this contract are deemed by the Department to be acceptable.
"Acceptable to the Department" means that the work product was completed in accordance with
professional planning principles, and is consistent with the requirements of this contract. The
Recipient acknowledges and agrees that payment under this agreement is contingent upon
the Recipient providing the Department, on or before October 1, 2000, with all of the
requisite work products in final form, acceptance of the final work products by the
Department, and the Recipients' contract closeout report, as specified below.
VITI. 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 must be received by
the Department no later than October 1, 2000.
-(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 this contract if reports
are not received within ten (10) days after notice by the Department.
IX. 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.
5
(B) T}1ese 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
of8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(C) The Recipient shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216.349, F. S., and Chapter 10.550, Rules of
the Auditor General, and OMB Circular A-128 for the purposes of auditing and monitoring the
funds awarded under this contract.
(1) The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
(2) The annual financial audit report shall include a schedule of financial
assistance specifically identifying all contract and grant revenue by sponsoring agency and
contract number.
. (3) The complete financial audit report, including all items specified in section
IX(C) (1) and (2) above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(D) The Recipient shall include an accounting of these funds in the annual financial
audit report prepared by the Recipient for the 1998-1999 and 1999-2000 fiscal years.
(E) In the event the audit shows that the entire fund, or portion thereof, was not spent in
accordance with 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. However, if litigation or an audit has been
initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
6
X. Subcontracts
(A) If the Recipient subcontracts any or all of the work required under this contract, the
Recipient agrees to include in the subcontract specific language to inform the subcontractor that
the subcontract is bound by the terms and conditions of this contract between the Recipient and
the Department, and agrees to attach and incorporate the contract into the subcontract itself.
(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 enters into a subcontract, a copy of the executed subcontract must be
forwarded to the Department.
(D) Any work products produced under the terms of a subcontract entered into by the
Recipient must meet the full terms and conditions, including timeframes, of this Agreement
be~ween the Recipient and the Department in order for the Recipient to receive payment from the
Department.
XI. 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.
XII. Contract Term
The contract shall commence on the last date of signing by the parties involved, and will
terminate on October 1, 2000. The Recipient will receive no compensation for work received
by the. Department after this date.
XID. Modification of Contract
Either party may request modification of the provisions of this contract with the exception
that no extensions will be permitted. The General Revenue funding source cannot be
extended beyond the original timeframes of this agreement. Other changes which are
mutually agreed upon shall be made by written correspondence from the Department and shall be
incorporated as part of this contract.
7
XIV. 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 and Land Development Regulation Assistance
Program, 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.
xv. 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 <?bligations
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 tot he Recipient for purpose of set-offuntil such time as the exact amount of
damages due the Department from the Recipient is determined.
XVI. Notice and Contact
(A) The contract manager for this contract is:
Beth Elrod, Senior Management Analyst I
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(B) The representative of the Recipient (not a consultant), responsible for the
administration of this contract is:
(j A!le5> v;He7/2o
G7i l1/Jp/fa?/2..
. 8
(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.
XVII. 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
th~ir undersigned offi ials as duly authorized.
RECIPIENT:
BY:
Name: David Samson
(Please Type or Print)
Title: Mayor
(Please Type or Print)
Date: August 26, 1999 Witness:
d-C)~~
STATE OF FLORIDA
DEPARTMENT OF COM:MUNlTY AFFAIRS
BY: L~ ~\..~~
Name: 1. Thomas Beck tlJ. Af2.. L E S (7 A (/1 H I ~n..
-&cl,,Jb
Title: irector:_DiViSion of Community Plannin: _
Date: q/qb'l Witness: 4-rJJ. {l. 6.bwd-
9
.ut.I I ur LUIYIIYI HI' I' H 1 1'<:) 1- ax : ~=>U4~~jjU'::l
Rug 14 2000 09:41
P.03
. ~. :.
MODIFICATION OF
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EAR TECHNICAL ASSISTANCE PROGRAM CONTRACT
That Contract numbered 00-DR-IT-11-23-02-001 entered into between the State of
Florida, Department of Community Affairs (the "Departmentll), and the City of Sunny Isles
Beach (the "Recipient"), signed on September 9, 1999 by the Department is hereby mpdified as
follows: .'
Section vn.(C) Method of Payment, is modified as follows:
(C) The Department shall pay the amounts indicated in this agreement after receipt of the
work products under this contract are deemed by the Department to be acceptable. "Acceptab.le
to the Department" means that the work product was completed in accordance with pl;'ofessio~a1
planning principles,~d is consistent with the requirements of this contract. The Re<iipient :',
acknowledges and agrees "that payment under this agreement is contingent upon: the
Recipient providing the Department, on or before November 15, 2000,with all of the
requisite work products in final form, acceptance of the 'fmal work products by the
Department, and the Recipients' contract closeout report, as specified below.
Section VIn.(A) Required reports and records, is modified as follows:
"
, ,
(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 must be received by'the
Department no later than November 15,2000.
Section XU. Contract Term, is modified as follows:
The contract shall commence on the last date of signing by the parties involved, and will
terminate on Nov~mber 15,2000. The RecipientwiU receive no compensation for:work '
received by the Department after this date.
Except as modified herein, all tenns and conditions contained in said Contract remain jn
full force and effect" and are to be perfonned in accordance with the terms of said Contract. '
DEPT OF COMM AFFAIRS Fax:8504883309
Rug 14 2000 09:42 P.04
IN WITNESS WHEREOF, the parties have caused this Modification to be executed by
their duly authorized repres~ntative. :
"By'~- - '.
~~.: ~~ ,r r
:'~\Print.~d N~e:~ "'I, ~ S ~St. V'\
'. ''\ ~ ; ~.. ,
Title;. ~-~Oy
,. -....J ..
Date: ~ l b I 1..000
STATE OF FLORIDA
J)EPARTMENT OF COMMUNITY AFFAIRS
By:
J. Thomas Beck
Title: Director, Division of Community Planning
Date:
.;.
, i