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154-Local Government Comprehensive Planning Act STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS REUBIN O'D, ASKEW, GOVERNOR I~ DIVISION OF TECHNICAL ASSIST ANCE WILLIAM H, RAVENELl. SECRETARY '-j t t" /" December 1, 1978 City Manager City of Sanford Post Office Box 1778 Sanford, Florida 32771 Dear Sir: Enclosed is one executed copy of the comprehensive , , planning grant contract between the Department of Community Affairs and your local government. The initial requisition for 75% of your grant award is now betng processed and will be mailed to you once the warrant has been prepared. If you have any questions regarding the program or require assistance, please feel free to contact me at 904/488-7956. Respectfully yours, ~fZ:-~ '" Richard F. Barrett Local Government Assistance Specialist RFB/mu Enclosure Director. . . Local Government. . . Housing Assistance. . . Planning & Research. . . Community Development ~88-2356 488-7956 488-1536 488-2356 488-1536 Contract Number: 79TA-85-06-69-2-001 LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND AGREEMENT BETVlEEN STATE OF FLORIDA, DEPARTMENT OF CO~1UNITY AFFAIRS AND CI",y cnrFT('Ir. ()T' S Y:''r.'''')nT"\, T'""/)PT"\"\ THIS contract, entered into (this 3rd day of November 1978) by and between the State of Florida, Department of Community Affairs (hereinafter called the "Department") with headquarters in the City of Tallahassee, and the Ci -!:" of C' ;'),:n.forc~, PloriC'2. (hereinafter called the "Grantee"). WHEREAS, the Department, in furtherance of its duties under Section 163.03, Sections 20.05 (1), Sections 20.18 (1), (5), (3), Florida Statutes, Chapter 78-401, Laws of Florida, and Rule 9B-5, Florida Administrative Code, has determined that the Grantee is eligible to receive a grant under the Local Government Comprehensive Planning Act Assistance Fund Program (hereinafter called the "Program"). WHEREAS, the Grantee has resolved to accept this grant under the conditions set forth below. NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. Scope of Services (A) The Grantee agrees, under the terms and conditions of this Agreement and the applicable state and local laws and regulations, to undertake, perform, and complete certain technical and professional services, more particularly described in Appendix A and by this refer- ence made a part hereof. Such services shall be performed in accordance with the schedule established in Appendix B, attached here and incorporated in this contract. Applicable state laws and regulations include, but are not limited to Section 163.3161 et seq F.S., Chapter 78-401, Laws of Florida and Chapter 9B-5 F.A.C. (B) The 'Grantee agrees that the technical and professional services covered by this Agreement shall not be subcontracted unless copies of any sub-contract or delegation agreements areFf!oCifeFvt~ 0 the Department. OCT 3 1 197R Page One of Five DEPT. OF COMMUNITY AFFAIRS DIV. OF TECHNICAL ASSlSIMCE- (C) To the extent reasonably possible, the work to be performed by the Grantee shall be initiated, performed and completed in collaboration and coordination with the programs of all local, state and federal agencies that are actively concerned with various aspects of planning and development and with any citizen planning advisory committee organized to provide citizen input. (D) The Department or Grantee may, from time to time, request changes in the scope of the services provided under this Agreement. Such changes, which are mutually agreed upon by and between the Department and the Grantee, shall be incorporated into this Contract as written modifications. (E) Except as may be expressly provided elsewhere in this agreement, the Grantee shall perform all of the necessary services provided under this contract in connection with and respecting the Grantee's jurisdictional boundaries. II. Audit Requirements (A) The Grantee, shall include in its annual post-audit an audit of the funds provided by the Local Government Comprehensive Planning Act Assistance Fund Program. (B) This audit shall include a schedule identifying revenues, sources, expenditures, purposes and fund balances regarding the grant and match funds in accordance with the applicable rules, regulations and contract provisions. CC) A copy of the local audit report shall be forwarded to the Department within thirty (30) days after completion of the audit but in no case more than six months after the termination of the Program. III. Reports and Records (A) The Department may withhold payment if the required reports are not submitted in a timely and adequately completed manner. (B) In the event all required reports are not submitted in a timely and adequate fashion within thirty (30) days of the due date, the Grantee will be informed that further grant payments will be withheld until all reports are received in proper form. Failure to submit all reports may be cause for terminating this Agreement. , Page Two of Pi ve (1) The Grantee shall submit a progress report of ttie Program by February 1, 1979 in a format provided by the Department. (2) The Grantee shall submit a final evaluation of the Program and financial statement by October 15, 1979 in a format provided by the Department. (3) The Grantee shall submit an informational copy of each planning element or document produced by the Program on or before October 30, 1979. (C) The Grantee agrees to maintain adequate financial procedures and adequate support documents to account for the expendi- ture of funds under this Agreement. Support documentation shall be maintained to identify cash-match and/or the goods, services or other benefits claimed as in-kind match. (D) The Grantee shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the grant funds awarded under this Agreemen t. IV. Match Requirements (A) The Grantee agrees to provide cash match in the . amount of $ (B) The Grantee agrees to provide in-kind match, valued at $7,448.00 (C) Upon termination of this agreement, an assessment of the proportion of the state grant and of the required local match expended as of that date will be made. Any portion of the state grant found not to be appropriately matched and expended as of the termination date shall be returned to the Department. v. Time of Performance The Grantee agrees to execute this Agreement within twenty-one (21) days of receipt and to commence services within fifteen (15) days after execution by the Department. All services to be offered shall be undertaken and completed in such manner as to assure their expeditious completion in the light of the purpose of this Agreementi but in any event all the services required hereunder shall be completed no later than September 30, 1979. Page Th,!;"ee of Five VI. Compensation (A) The Department agrees to pay the Grantee the total ( $ 1.4 , '~9;') ) sum of rnllr+-ppn t-',rl,H::;>nr' pi rr11+- 1,l1nr'rprl n; np+-y-q; v (1("') 11 ;:lr~ for the provision of certain technical and professional services pursuant to the Local Government Comprehensive Planning Act of 1975. (B) The Department shall advance seventy-five per centum (75%) of the grant after the execution of this Agreement. (C) The Department shall pay fifteen per centum (15%) of the grant after receipt and approval of the progress report due on February 1, 1979. (D) The Department shall pay ten per centum (10%) of the grant after receipt and approval of the evaluation report, an informational copy of each plan document produced under this Program, and financial report due October 15, 1979. (E) Payment of these state funds pursuant to this Agreement are subject to and conditioned upon the total release of authorized appropriations from the Local Government Comprehensive Planning Act Assistance Fund Program provided by Chapter 78-401, Laws of Florida; otherwise, a pro rata distribution of available funds will be made. VII. Termination of Contracts for Cause (A) If, through any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Grantee shall violate any of the requirements of this Agreement, the Department shall thereupon have the right, without liability, to terminate this Agreement by giving written notice to the Grantee of such termination. The Department may also require a pro rata repayment for grant funds paid to a Grantee who breaches any part of this Agreement. (B) Notwithstanding the above, the Grantee shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any breach of Agreement by the Grantee and the Department may withhold any payments to the Grantee for purpose of set-off until such time as the exact amount of damages due the Department from the Grantee is determined. Page Four of Five VIII. Assignability The Grantee shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the Department; provided, however, that claims for money due or to become due the Grantee from the Department under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Department. IX. Identification of Documents All reports, maps, and other documents completed as a part of this Agreement shall bear in an appropriate place, preferably in the title block of a map or plan and on the title page of a report or document, the following legend: "Prepared by ( ) under contract wi th the Department of Community Affairs. The preparation of this C ) was financially aided through a grant from the State of Florida, under the Local Government Comprehensive Planning Act Assistance Fund authorized by Laws of Florida." The date (month and year) the document was prepared and the name of the consultant or Grantee community responsible for its preparation shall also be shown. x. Representatives for the Parties In all matters relating to the performance of this Agreement, the Secretary of the Department of Community Affairs shall represent and act for the Department, and the City Manager or other appropriately-delegated official of the Grantee shall represent and act for the Grantee. IN WITNESS WHEREOF, the Department and the Grantee have executed this Agreement as of the date first above written. ~~.A~~ ~~gnatur~ ~ (N~ T1.me) City of Sanford, Florida (Grantee)), (- /- B: I /1;': ! L - S1.gnature W. E. Lee P. Moore (Mayor or Chairman of Commissioners) /' ~y City Manager ~ctu~ dt cU-<- (S' ature) STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: -y:tfJi{AL~j~~ (Signature) William H. Ravenell Secretary WITNESS: Page Five of Five 1. 2. 3. 4. 5. 6 . 7 . 8. 9. 10. II. .. 12. APPENDIX 'A' LIST OF PLANNING ELEMENTS OR DOCUMENTS List of Tables List of Illustrations Introduction' Chapter One, Economy of Sanford Chapter Two, Intergovernmental Coordination Chapter Three, Future Development Plan Chapter Four, Future Development Plan Policies Chapter Five, Community Facilities - Goals, Objectives and Implementation Steps Chapter Six, Community Facilities - Capital Budget Chapter Seven, Conservation Summary Check List These chapters address directly the following elements: 1. Economic Assumptions 2. Intergovernmental Policy Statement 3. Implementation Policies 4. Future Land Use Plan s. Traffic Circulation 6. General Sanitary Sewer, Drainage, and Potable Water 7. Conservation 8. Recreation and Open Space 9. Housing 10. Intergovernmental Coordination 11. Public Services and Facilities 12. Fire Control and Protection Page One o~ One APPENDIX B WORK PROGRAM SCHEDULE All Elements in Appendix "A" are being revised for completion by September 30, 1979. Completion Dates 1. List of Tables Dec. 78 2. List of Illustrations Feb. 79 3. Introduction Feb. 79 4. Chapter One, Economy of Sanford Ma r. 7 9 s. Chapter Two, Intergovernmental Coordination Apr. 79 May 79 May 79 6. Chapter Three, Future Development Plan 7. Chapter Four, Future Development Plan Policies .. 8. Chapter Five, Community Facilities - Goals, Objectives and Implementation Steps June 79 9. Chapter Six, Communicty Facilities - Capital Budget July 79 11. Summary July 79 Sept 79 Sept 79 10. Chapter Seven, Conservation 12. Check List RECEIVEa ri\<]e Qne o~ One NOV 1 4 llHR DEPT. OF C">;UimY AFFAIRS '11V. OF TECtif'JiC;-\L ASSISTANCE