HomeMy WebLinkAboutR-1989-132 RESOLUTION NO. 132-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING LOCAL GOVERNMENT LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN
THE CITY OF DANIA AND STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS ; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the Local Government Land Development
Regulation Assistance Program Contract between the City of Dania
and State of Florida Department of Community Affairs, a copy of
which is attached hereto and made a part hereof as Exhibit "A" , be
and the same is hereby approved and the appropriate city officials
are directed to execute same .
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED this 12th day of DECEMBER 1989.
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w�v - 'MAYOR - COMMISSION
ATTEST:
'TTYefC/ A[IDTT--
�(`TTY ( LF. K - AIIDTTOR
APPROVED AS TO FORM AND CORRECTNESS
FRANK C. ADLER, City Attorney
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Resolution No. 132-89
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
LOCAL GOVERNMENT 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 _ city of Dania , hereinafter
referred to as the "Recipient".
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part I1 , Florida Statutes, and Chapter 89-253 , Laws
of Florida, has determined that the Recipient is eligible to
receive funds under the Local Government Land Development
Regulation Assistance Program, hereinafter referred to as the
"Program".
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient to
perform the services described herein and the Recipient does
hereby agree to perform such services under the terms and
conditions set forth in this contract.
II. Availability of Funds
Payment of these state funds pursuant to this contract are
subject to and conditioned upon the total release of authorized
appropriations from the Local Government Land Development Regulation
Assistance Program provided by Chapter 89-253, Laws of Florida.
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 com-
plete all or a portion of the necessary technical
services required to prepare or revise land
development regulations required by Section 163 .3202,
Florida p..a «
ck
explains how the land development regulations c
lationsare
consistent with and implement the adopted
comprehensive plan as identified in the scope of
services. Acceptance of the final product by the
Department is not to be construed as a determination
that the local government has met the requirements of
Section 163.3202, Florida Statutes.
(B) Scope of Services.
(1 ) Attachment A, Scope of Services, is hereto
incorporated by reference.
(2) Except in areas where the Recipient is a charter
county with overall planning responsibilities or has
documented planning requirements through a joint
agreement, services provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
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EXHIBIT "A"
IV. Consideration
(A) Amount of Consideration
( 1) As consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 22,300 . Payment will be made in accordance
with Article Vof 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 land
development regulations and a report which explains
how the land development regulations are consistent
with and implement the adopted comprehensive plan
pursuant to an approved scope of services.
( 2) Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions of Section 112.061, Florida
Statutes.
( 3) Funds may not be used for the purchase of equipment,
fixtures, or other tangible property of a nonconsum-
able and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
V. Method of Payment
The Department shall pay the full amount after receipt of
the work products under this contract due January 31, 1990
VI . Required Reports and Records
(A) The Recipient shall provide to the Department a f
contract closeout report consisting of a copy of each
. work product produced under this program. The report
shall be received by the Department no later than
January 31 , 1990 , unless the Recipient received an
extension pursuant to Rule 9J-29. 005(8) , Florida
Administrative Code.
s.., (B) If all required reports and copies, prescribed above,
are not sent to the Department or are not completed
in a manner acceptable to the Department, the
Department shall withhold further payments until they
are completed. The Department may terminate the
contract with a Recipient if reports are not received
within ten (10) days after notice by the Department.
"�nnpntahlo to thA TlonartmAnt" moanc that *hc vnrlr
product was completed in accordance with professional
planning principles and is consistent with the scope
of services.
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.
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(C) The Recipient shall also provide the Department with
the records, reports or financial statements upon
request for the purposes of auditing and monitoring
the funds awarded under this contract.
(D) The Recipient shall include an accounting of these
funds in the local audit prepared by the Recipient
for the 1989-90 and 1990-91 fiscal years.
(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with
Chapter 9J-29, Florida Administrative Code, and the
conditions of this contract, the Recipient shall be
held liable for reimbursement to the Department of
all funds not spent in accordance with these
applicable regulations and contract provisions within
thirty (30) days after the Department has notified
the Recipient of such noncompliance.
(F) The Recipient shall retain all financial records,
supporting documents, statistical records, and any
other documents pertinent to this contract for a
period of three years after the date of submission of
the final expenditures report or, if an audit has
been initiated and audit findings have not been
resolved at the end of three years, the records shall
be retained until resolution of the audit findings.
vIII. Public Records
The Recipient shall allow public access to all documents,
' reports, papers, letters or other material, subject to the
provision of Chapter 119, Florida Statutes, prepared or received
by the Recipient in conjunction with this contract. It is
expressly understood that upon receipt of substantial evidence of
the Recipient's refusal to comply with this provision, the
Department will have the right to terminate this contract for
breach.
IX. Subcofftracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to
include in the subcontract that the subcontractor is
bound by the terms and conditions of this contract
with the Department.
(B) The Recipient agrees to include in the subcontract
that the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever
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of work under this Contract, to the extent allowed
and required by law.
(C) If the Recipient subcontracts, a copy of the executed
subcontract must be forwarded to the Department
within 10 days after execution.
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.
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XI. Contract Term
(A) The contract shall commence on the last date of
signing by the parties involved. No cost may be
attributed to this contract prior to that date.
(B) All activities performed pursuant to this program
contract shall be completed on or before
January 31, 1990 , unless the Recipient has
received an extension pursuant to Rule 9J-29.005( 8) ,
Florida Administrative Code.
XII . Modification of Contract
Either party may request modification of the provisions of
this contract. Changes which are mutually agreed upon shall be
made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIII . Identification of Documents
The cover page or title page of all reports, maps and other
documents completed as a part of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Land Development Regulation
Assistance Program authorized by Chapter 89-253, Laws of
Florida, and administered by the Florida Department of
Community Affairs. "
The date (month and year) the document was prepared and the name
of the subcontractor or Recipient community responsible for its
preparation shall also be shown.
XIV. Termination
(A) This contract may be terminated by the written mutual
consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely
and proper manner its obligations under this
contract, the Department shall have the right,
without liability, to terminate this contract within
ten (10) days after giving written notice to the
Recipient of such termination. The Department may
also require a pro rata repayment for funds paid to a
Recipient who breaches any part of this contract.
(C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by virtue of
any breach of contract by the Recipient. The
Department may withhold any payments to the Recipient
for purpose of set-off until such time as the exact
amount of damages due the Department from the
Recipient is determined.
XV. Notice and Contact
(A) The contract manager for this contract is Lenwood
Herron, Bureau of Local Planning, Grants and
Publications Section.
(B) The Representative of the Recipient responsible for
the administration of this contract is
Robert F. Flatley City Manager
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(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.
RECIPIENT:
CITY OF DANIA, a municipal
corporation of the State of
Florida
ATTEST: By
Charles K. McElyea,
Mayor - Commissioner
Wanda Mullikin By.
Robert F. Elatley
City Clerk-Auditor City Manager
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APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C. Adler, City Attorney
STATE OF FLORIDA
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.,..�.�ninnn� ut Cu'ruiurlrY AFFAIRS
BY:
Name and Title
Date
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Attachment A
A. SCOPE OF SERVICES - Describe, in outline form, the work
products that will be completed during this contract period
using only the allocated funding. identify, in the column to
the right, the specific sections of Chapter 163, Part II,
Florida Statutes, that will be completed by each work item
listed. (If necessary, please copy this page and continue) .
WORK PRODUCTS SECTION OF CHAPTER 163, F.S. or
RULE CHAPTER 9J-29, F.A.C.
1. Report which explains the LDRs 1. 9J-29.005(2) (e) , F.A.C.
are consistent with and implement
the adopted comprehensive plan,
as required by s. 163.3202(1) ,F.S
2. Revision of zoning code and 2. s. 163.3202(2) (b) , F.S.
existing land development
regulations to conform to the
Comprehensive Plan.
3. Preparation of a Concurrency 3. s. 163.3202(2) (g), F.S.
Management System in accordance
with the Comprehensive plan.
4. True and correct copy, as 4. 9J-29.005(3) , F.A.C.
certified by the city clerk,
of ordinance adopting the land
- development regulations
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All work products will be completed in accordance wiLh Lille appiicabie requirements
of Chapter 163, Part II, F.S. , and Rule Chapter 9J-29, F.A.C. , as referenced above.
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