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98-095 RESOLUTION NO. 98-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LOCAL GOVERNMENT 'COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Local Government Comprehensive Planning and Land Development Regulation Assistance Program Contract between the State of Florida Department of Community Affairs and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution wes offered by Commissioner Beskin, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Resolution No. 98-95 Page 2 Commissioner Arthur Berger ,/es Commissioner Jay Beskin yes Commissioner Ken Cohen yes Commissioner Patricia Rogers-Libert abse:at: Commissioner Jeffrey M. Perlow yes Vice Mayor Harry Holzberg yes Mayor Arthur I. Snyder 7es PASSED AND ADOPTED this 17th day of November, 1998. ATTEST: r- -- TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 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 Aventura, hereinafter referred to as the "Recipient." WlTNESSETH 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 1998-1999 General Appropriations Act, the Legislature has appropriated $200,000 to continue funding implementation of the Local Government Comprehensive Planning and Land Development Regulation Assistance Program; NOW THEREFORE, THE DEPARTMENT 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. 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 Comprehensive Planning and Land Development Regulation Assistance Program. HI. General Provisions (a) The validity of the Agreement is subject to the t~uth 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 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, 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 seg.), if applicable, which prohibit s 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. 2 IV. Standard Conditions The Recipient agrees to be bound by the following standard conditions: (a) The State of FIorida'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 thereo£ (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 a!ien workers, constituting a violation of the employment provisions contained in 8 U. SC Section 1324a(e) [Section 274A(e) of the Immigration 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 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 draf~ 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 subcm~tractors 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 of lobbying the Florida Legislature or a state agency. VII. 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, 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. VIII. 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, 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 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) 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 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 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 6 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 itsel£ (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 'oe 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. XII. Contract Term The contract shall commence on the last date of signing by the parties involved, and will terminate on October 1, 1999. The Recipient will receive no compensation for work received by the Department after this date. xm. 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. X1V. 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: 7 "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 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-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: Eric M. Soroka, City Fmnager City of Aventura 2999 NE 191st Street Suite 500 Av,=utu. u., FL 33180 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 their undersigned officials as duly authorized. RECIPiENT: CITY OF AVENTURA BY: (Signature) Name: ~ric M. Soroka (Please Type or Print) Title: (:try l'ianager (Please Type or Print) Date: Witness: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name: Carol A. Forthman Title: Director, Division of Community Planning Date: Witness: 9