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STAFF REPORT
AGENDA ITEM: Authorize execution of Grant Agreement for Comprehensive Plan
Evaluation and Appraisal Report update.
SUBMITTED BY: George Worley II, Community Development Director
DATE: June 9, 1999
BACKGROUND:
The Department of Community Affairs (DCA) has offered a grant to assist local
governments in revising their Evaluation and Appraisal Reports to comply with state
Comprehensive Plan changes. Earlier this year the Department of Community Affairs completed
a review of our report and found that revisions are necessary to meet current state guidelines.
They forwarded an application for an assistance grant to offset the cost of this revision which was
completed and submitted. The DCA has awarded us a grant of $10,000 to complete the revisions
to our EAR.
This grant is based upon certain scheduled deliverables to be submitted to DCA. This will
require an initial expenditure of City funds. Staff included $5,000 in the current years budget for
this purpose. Because the revision process will carry forward into next budget year, staff will
request a like amount in the up-coming budget cycle. Because of the time consuming and
technical nature of the required revisions, staff will probably request authorization to engage a
consultant to complete this work. At this time, staff estimates that the grant amount will fully
cover the costs of the revisions. A scope of work and payment schedule is Attached "A" of the
grant agreement.
RECOMMENDATION:
Staffrequests the City Commission authorize the Mayor to execute the grant award
agreement on behalf of the City.
ATTACI-IlVIENTS:
1) Agreement for DCA grant.
REVIEWED BY CITY MANAGER: ~~~,,_...-.
AGENDA ITEM NO.
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Contract Number:
AGREEMENT
TH1S 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 Atlantic Beach, {hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, in accordance with Chapter 163, Part II, Fia. Stat., 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
B. WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, Fla. Stat.,
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
C. WHEREAS, pursuant to the 1998-1999 General Appropriations Act the Legislature has
appropriated funds for implementation of the Local Government Evaluation and Appraisal Report
Assistance Program;
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). 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 Il, Fla. Stat., 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 its 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.
(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 9, 9999. 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,
1999, 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.
Ail 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 forthe 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.
3. Records relating to real property acquisition shall be retained for three years
after,closing of title.
(b) A11 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 ifs records at reasonable times
to the Department, its employees, and agents. "Rea'sonable" 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 underthis 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
solely 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
Recipient to which sovereign immunity applies. Nothing herein shall 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 shalt, 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. 1f 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 adverse
change within thirty (30} days from the time the date written notice is sent by the Department.
3. !f 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 Evenf'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 any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the.Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
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1. Terminate this Agreement, provided that the Recipient is given at least ten
(10) days prior written notice of such termination. The notice shalt 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 Iega1 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
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;
under law;
5. Exercise any other rights or remedies which may be otherwise available
(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; Pack 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, Fla.
Stat., as amended. Notification of suspension or termination steal( 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 sha(I 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 Elrod
Senior Management Analyst I
Department of Community Affairs
Division~of Community Planning
2555 Shumard Oak Boulevard
Tallahassee,~Florida 32399-2100
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(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
(d) !n 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.
(10} OTHER PROVISIONS.
(a) The vaiidity of this Agreement is subject to the truth and accuracy of aJl 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
Wulf and void to the extent of such conflict, and shalt 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, any one 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 se . , 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 contr8cl; 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.
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(11) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and 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 personae( and other personae[ 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.
{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) !n 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.
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(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 alt 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 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) FUNDINGICONSIDERATION.
(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 X10,000. 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 nonexpendable nature with an expected useful life which
exceeds the duration of this contract.
(16) STANDARD CONDITIONS.
The Recipient agrees to~be bound.b)r 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
a 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, fetters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) !f 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
contractorwho knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) jSection 274A(e) of the Immigration and Nationality
Act ("!NA")]. The Department shah 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 1NA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(17) STATE LOBBYING PROHIBITION.
No funds 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.
(18) IDENTIFICATION OF DOCUMENTS.
The cover page or title page of all reports, maps and other documents completed as part
of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided
through financial assistance received from the State of
Florida Evaluation and Appraisal Report Assistance
Program authorized by Chapter 93-206, 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
suhcontractor or Recipient community responsible for its preparation shall also be shown.
(19) LEGAL AUTHORIZATION,
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
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covenants and assurances contained he"rein. 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.,
RECIPIENT:
BY:
PRINT NAME:
TITLE:
DATE:
SAMAS # FID#
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
''~ Name: J. Thomas Beck
Title: Director, Division of Community Planning
Date:
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Attachment A
a ,
Scope of Work and
Schedule of Deliverables
Scope of Work
1. Update plan to reflect current statistical information such as total land area of the city
and of each land use type, the percentage of undeveloped land, the acquisition of the
Intracoastal Waterway Park (Tresca property) and Dutton island, and the number and
type of residential units, percentage of occupancy and household income.
2. Pertorm study of in-fill development patterns to identify streets requiring attention.
3. Update plan to reflect new capacity of expanded water and sewer plants, privatization of
solid waste disposal, and address the proposed core city utility replacement project and
its effect on water, wastewater and stormwater.
4. Add section to plan dealing with conservation issues of the Intracoastal Waten~vay
marsh. Change maps to reflect the correct location of the Coastal Construction Control
' Line and the impacts on development.
5. Update plan to reflect changes in the names and/or jurisdictions of other governmental
agencies with which the City of Atlantic Beach deals regularly.
6. Revise the Capital Improvements Element to account for the proposed core city
infrastructure improvements and the,past and current water and wastewater plant
expansions.
7. Revise Concurrency Management Element to reflect new ordinances and procedures
enacted during the past seven years.
Schedule of Deliverables
1. The Department shall pay twenty-five percent ($2,500) to the Recipient following
execution of this contract and the Department's receipt, review and acceptance of
evidence of completion of Items 1 and 2 of the Scope of Work.
2. The Department shall pay the final seventy-five percent ($7,500} to the Recipient
following the Department's receipt, review and acceptance of evidence of completion of
items 3-7 of the Scope of Work.
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