1995-034 Evaluation & Appraisal Report Assistance Program Contract1
RESOLUTION NO. 34 95
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE "EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM
CONTRACT" BETWEEN THE VILLAGE AND THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA:
Section 1. The "Evaluation and Appraisal Report Assistance Contract", a copy of
which is attached to this Resolution, is hereby accepted by the Village of North
Palm Beach, Florida, in accordance with its terms. The Village Mayor is hereby
directed to execute said contract on behalf of the Village Council.
Section 2. This Resolution shall take effect immediately upon passage.
' PASSED AND ADOPTED THIS 10TH DAY OF AUGUST , 1995.
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1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EVALUATION AND APPRAISAL REPORT
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 Village of North Palm Beach,
hereinafter referred to as the "Recipient."
WITNESSETH
WHEREAS, in accordance with Chapter 163, Part II, F. S., and
Chapter 9J-5, Florida Administrative Code (F.A.C.), each local
government within the State of Florida is required to prepare and
submit for Department review an Evaluation and Appraisal Report
to assess and evaluate the success or failure of the local
government's comprehensive plan; and
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, F. S., and Chapter 93-206, Lawa of Florida,
has determined that the Recipient is a local government eligible
to receive funds under the Local Government Evaluation and
Appraisal Report Assistance Program, hereinafter referred to as
the "Program;" and
WHEREAS, pursuant to the 1995-1996 General Appropriations
Act, Line item 1172, the Legislature has appropriated $1,252,190
to fund implementation of the Local Government Evaluation and
Appraisal Report Assistance Program;
NOW THEREFORE, THE DEPARTMENT AND 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.
II. 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 Evaluation and
' Appraisal Report Assistance Program. The State of Florida's
performance and obligation to pay under this contract is
contingent upon an annual appropriation by the legislature.
iII. Definition, Scope and Quality of Service
' (A) Intent of the Contract
The Recipient agrees, under the terms and conditions of this
contract and the applicable state and local laws and regulations,
to undertake, perform, and complete the specified work products
outlined in section III below, Scope of Services. 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, F. S., Chapter 93-206, Laws of Florida, or
Chapter 9J-5, F.A.C. The Recipient further agrees that nothing
herein shall be construed by the Recipient as a waiver by the
Department of it's responsibility to conduct a sufficiency
review, or its authority to make a sufficiency determination, for
the Recipient's adopted Evaluation and Appraisal Report.
The Department recognizes that the funding received by the
Recipient under the Program constitutes only a partial funding of
the actual costs associated with the development, completion, and
adoption of-the Evaluation and Appraisal Report, and that the -
work products being contracted for constitutes only a portion of
the requirements necessary for completion of the Recipient's
Evaluation and Appraisal Report. 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 Evaluation and Appraisal Report, 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 5163.3191, F.S., and Rule 9J-
5.0053, F.A.C., each Recipient shall provide appropriate
documentation, including, but not limited to, data, statements,
reports, ..analyses,.maps.,..and..work products,...that_address, at a
mimimum, the following:
(a) The condition of each comprehensive plan
element at the time of plan adoption, including summaries of the
data and analysis from each element of the existing plan at the
time of adoption;
(b) The condition of each comprehensive plan
element as of the date of submittal of the work products required
' under this contract;
' (c) An updated, current "existing" land use map
and table of existing land uses as of the date of submittal of
the work products required under this contract;
(3) A description of the public participation process
to be used in preparation of the local government's Evaluation
and Appraisal Report.
(4) A detailed workplan that the Recipient will follow
in completing the Scope of Services required by this contract.
IV. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the
Department agrees to pay a fixed fee up to $ 14.069 Payment
will be made in accordance with Article V of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of
local government staff members or subcontractors involved in
preparing all or a portion of the required work products
' specified in section III(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 Section 112.061, F.S.
(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.
V. .Method of Payment. .__.
(A) .The Department shall pay twenty-five (25) percentum
($ 3,518) to the Recipient following execution of this contract
and the Department's receipt, review, and acceptance of the
workplan that satisfactorily completes the requirements specified
in Section III, above, and this section. An acceptable workplan
will, at a minimum, address:
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(1) The criteria specified in the Scope of Services,
and contain appropriate and relevant documentation, including,
but not limited to, data, statements, reports, analyses, maps,
and work products, relating to those issues delineated in Section
163.3191(2) and (3), F.S., and Rule 9J-5.0053, F.A.C. The
workplan will also include, but not limited to, the following:
(a) The individual(s) who will be responsible for
developing each component of the work plan, including any
subcontractors;
(b) Estimated date of completion of each
component of the workplan;
(c) Problems or obstacles the Recipient
_ anticipates developing each component, and the means the
Recipient will use to resolve these problems or obstacles.
(2) A copy of any subcontract for any or all of the
work required by this contract and entered into by the Recipient
will be submitted to the Department ae an attachment to the
workplan listed above. Absent a copy of the actual signed
agreement for any work under this document that the Recipient
subcontracts to be performed will be deemed unacceptable to, and
uncompensable by, the Department.
' (S) The Department shall pay the final seventy-five (75)
percentum of the funds ($10,551) following receipt, review and
acceptance of the work products specified in Section III, Scope
of Services, above.
(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 ie
contingent upon Recipient providing the Department, on or before
August 15, 1996, with all of the requisite work products in final
..form,. .acceptance. of.the.final..work.producte..by.the Department,
and the Recipient's contract oloseout report, ae specified below.
Vi. 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 Auaust 15, 1996.
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(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
(l0) days after notice by the Department.
VII. Audit Requirements
(A) The Recipient agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditure of funds under this contract.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday.
(C) The Recipient shall 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
schedule of financ
contract and grant
number.
(3) The
items specified in
directly to:
annual financial audit report shall include a
ial assistance specifically identifying all
revenue by sponsoring agency and contract
complete financial audit report, including al]
section VII(C)(1) and (2) above, shall be sent
• Department.of.-Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(D) The Recipient shall include an accounting of these
funds in the annual financial audit report prepared by the
Recipient for the 1994-95 and 1995-96 fiscal years.
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' (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.
(G) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof.
VIII.' Public Records
The Department reserves the right to unilaterally
' cancel this agreement for refusal by the Recipient to allow
public access to all documents, reports, papers, letters or other
material, subject to the provision of Chapter 119, F.S., prepared
or received by the Recipient in conjunction with this contract.
IX. Subcontracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to include in
the subcontract 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.
(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 as a
portion of the workplan required under section V(A) of this
agreement.
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' (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.
X. Liability
The Recipient hereby agrees to hold harmless the Department,
to the extent allowed and required by law, from all claims,
demands, liabilities and suits of third persons or entities not a
party to this contract arising out of, or due to any act,
occurrence, or omission of the Recipient, its subcontractors or
agents, if any, that is related to the Recipient's performance
under this contract.
XI. Contract Term
The contract shall commence on the last date of signing by
the parties involved, and will terminate on August 15. 1996
The Recipient will receive no compensation for work received by
the Department after this date.
' XII. 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.
XIII. Identification of Documents
The cover page or title page of all reports, maps and
other documents completed as.a_part.of thie.contract.shall
acknowledge:
"Preparation of this (Man or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Evaluation and Appraisal Report
Assistance Program authorized by Chapter 93-206, Laws of
Florida, and administered by the Florida Department of
Community Affairs."
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' The date (month and year) the document was prepared and
the name of the subcontractor or Recipient community responsible
for its preparation shall also be shown.
XIV. Termination
(A) This contract may be terminated by the written mutual
consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely and
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proper manner its obligations under this contract, the Department
shall have the right, without liability, to terminate this
contract within ten (10) days after giving written notice to the
Recipient of such termination. The Department may also require a
pro rata repayment for funds paid to a Recipient who breaches any
part of this contract.
(C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by virtue of any breach
of contract by the Recipient. The Department may withhold any
payments to the Recipient for purpose of set-off until such time
as the exact- amount of damages due the Department from the
Recipient is determined.
XV. Notice and Contact
Cherie Trainor
Division of Resource Planning and Management
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(B) The representative of the Recipient (not a consultant)
responsible for the administration of this contract is:
(A) The contract manager for this contract is:
..(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.
XVI. Terms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
RECTPIENT: ~ / ~l.
Name and Title Tom Valente, Mayor
Date Auc~st 10 1995
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY t ~ ..~~~I
`' 111 Gl./
Wit
~i~laae Clerk
Name and Title Charles G. Pattison, Director, Division of Resource Plaruiing and Managerc~nt
Date ~ aa- q~ Witness ~
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XVI. Terms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
RECIPIENT:
Name and Title Tom Valente, Mayor
Date Auqust 10. 1995 Wit
illaoe Clerk
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title
Date Witness
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