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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: ll- , 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) ~(Yes) _(No) _(No) _(No) _(No) _(No) 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 '" \ 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 2 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. 4 (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. 5 (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 6 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 7 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