HomeMy WebLinkAboutCity of Tamarac Resolution R-88-162Temp. Reso. #5026
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88-
A RESOLUTION OF THE CITY OF TAMARAC APPROVING AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE A CONTRACT BETWEEN THE CITY OF TAMARAC AND
PLAN/NET; PERTAINING TO THE TAMARAC COMPREHENSIVE
PLAN; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the City Council of the City of Tamarac
hereby approves the Contract between the City of Tamarac and
Plan/Net in the amount of Three Thousand Five Hundred ($3,500)
Dollars to develop an Evaluation and Appraisal Report asses-
sing the 1979 City of Tamarac Comprehensive Plan of Tamarac in
compliance with Rule 9J-5, Florida Department of Community
Affairs and the Local Government Comprehensive Planning Act,
attached hereto and made a part hereto as Exhibit "A".
SECTION 2: That the appropriate City Officials are
hereby authorized to execute said Contract.
SECTION 3: This Resolution shall become effective imme-
diately upon its passage.
PASSED, ADOPTED AND APPROVED this! of%`l)G�i_ 1988.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
_�'.3un��
RICHARD DOODX
CITY ATTORNEY
;NORMAN ABRAMOWITZ a
MAYOR
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
CIM ROHR
DISTRICT 2:
VIM STELZER
C, U
DISTRICT 3:
C/M HOFFMAN
,, j i ,(L—.
;DISTRICT 4:
C/M BENDER—
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GL 2 1'e
PLAN / NET
1859 N. Pine Island Road • Suite 244 Plantation, FL 33322 (305) 584-7129
i
March 22, 1988
The Honorable Norman Abramowitz
Mayor
City of Tamarac
5811 N. W. 88 Ave.
Tamarac, Florida 33321
Dear Mayor Abramowitz:
In accordance with the request of your City P)_anner, this
agreement for Professional Services between J. W. Anderson, Jr.
AICP (PLAN/NET) hereinafter referred to as CONSULTANT, and the
City of Tamarac, hereinafter referred to as CITY is herewith
submitted for your consideration and approval.
I. PURPOSE OF AGREEMENT/PROJEC"r DESCRIPTION
To assist the staff of the Department of Communitv
Development in the preparation of Elements and other required
work, as directed, in conjunction with The Local Government
Comprehensive Planning and Land Development Regulaton Act of
1985, Chap. 1E3 FS. as awt faded, ar,v its implementing guidelines,.
Chap. 9J-5 FAC, under the Terms and Conditions of the Contract
between the Department of Community Affairs, S-(ate of Floridaa
DCA) , and the City y of Tamarac, dated February 17, 1988,
!I. SCOPE OF SERVICES
The CONSULTANT wall do a:id perform the following services:
CONSULTANT will prepare an Evaluation and Appraisal Poport
(E:.R) which meets z:ho requirements of the Local Government
Comprehensive Planning and Land Development Regulation Act
of 1985 as amended (Char.. 163. FS) . The EAR will assess t`-,k:.
1979 Comprehensive Plan for the City of Trimarzrc. The
report will have as its major focus, .-he Goals, ebj :cti• fr ,'f_
and Pol-icies of the Comprehensive Plan, their effectiveness,
and responsiveness to changing conditions, and the extent -
to which they were implemented.
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III. AGREEMENT PROVISIONS
Section 1 - Time of Performanc
1.1. The above described work shall commence upon
acceptance of this contract and receipt by the CONSULTANT
of a signed copy thereof, and will be completed on or
before August 1, 1988.
Section 2 - Contract Administration -
Compensation and Method of Payment
2.1. The proposed work described in the Scope of Services
is for a lump sum of $3,500.
2.2. CONSULTANT will bill the city semi-monthly on the
basis of percent of work completed in accordance with the
Scope of Work described above.
2.3. Payment for services rendered is due upon receipt of
an invoice by the CITY. Payment is delinquent thirty (30)
days following receipt of the invoice.
2.4. Delinquency to pay or failure to perform services
proposed to be performed shall be grounds for the
termination of this Agreement.
2.5. In the event of any dispute concerning the accuracy or
content of an invoice, the CITY shall, within fourteen (14)
days of the receipt of said invoice, notify CONSULTANT in
writing of the exact nature and amount of the dispute. Any
invoice which is not questioned within fourteen (14) days
shall be deemed due and owing. In the event an invoice or
portion of an invoice is disputed within fourteen (14)
days, the CITY shall be obligated to pay the undisputed
portion of the invoice.
Section 3 - Additional Services
3.1. Additional services requested by the CITY above and
beyond those specified in this Agreement will be performed
on an hourly fee basis in accordance with the Terms and
Conditions of this Agreement at the rate of forty-five
dollars ($45) per hour. Such additional services shall be
specifically requested in writing by the CITY.
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Section 4 - The CITY's Obligation
4.1. CONSULTANT shall work under the direction of the City
Planner or, in her absence, such other person as the City
Manager shall direct.
4.2. The CITY shall
reports and data as
work as described in
manner.
Section 5 - Termination
provide CONSULTANT with all prior
required for the performance of his
the Scope of Services in a timely
5.1. This Agreement may be terminated by either party upon
seven (7) days written notice for cause; or, in the event
of the substantial failure by the other party to perform in
accordance with the terms of this Agreement through no
fault of the terminating party. In the event of any
termination, CONSULTANT shall be paid for all
satisfactorily completed services rendered to the date of
termination.
Section 6 - Persons Bound by Agreement
• 6.1. The persons bound by this Agreement are the CONSULTANT
and the CITY and their respective partners, successors,
executors, administrators, assigns and ❑ther legal
representatives.
6.2. This Agreement and any interest associated with it may
not be assigned, sub -let or transferred by either party
without the prior written consent of the other party.
Nothing contained herein shall be construed to prevent
CONSULTANT from employing such independent consultants,
associates and subcontractors as CONSULTANT may deem
appropriate to assist in the performance of the services
hereunder.
6.3. Nothing herin shall be construed to give any rights or
benefits arising from this Agreement to anyone other than
the CONSULTANT and the CITY.
Section 7 - Liability
7.1. In accordance with the Terms and Conditions of the
Contract between the CITY and the Department of Community
Affairs, State of Florida, the CONSULTANT shall hold the
CITY harmless against any claims of whatever nature by the
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CONSULTANT arising out of the performance of work under
this Agreement
Section 8 _ Miscellaneous Provisions
8.1. CONSULTANT is entering into this Agreement with the
understanding that the CITY has no agreements, either
written or oral, for professional services relating to the
Project which include any of those services within the
Scope of Services defined herein.
8.2. All work performed by CONSULTANT will be in accordance
with the highest professional standards and in accordance
with all applicable governmental regulations, the Terms and
Conditions of the CITY's contract with the State, Chapter
163 FS, and Rule 9J-5.
8.3. Since the final products of this Agreement will be
incorporated into the final amended Comprehensive Plan, the
State's sufficiency determination will not be made until
after the entire plan is submitted (January 1, 1989).
Though the CONSULTANT does not warrant or represent that
any governmental approval will be obtained, CONSULTANT
warrants that the work for which he is responsible will be .
acceptable to the State based on the State's preliminary
review to be obtained at or prior to the end of the initial
period of grant of funds to the CITY by the State. If the
State does not approve those sections of the Comprehensive
Plan as prepared by the CONSULTANT under this Agreement,
CONSULTANT agrees to revise the work to State's
satisfaction at no expense to the CITY.
Section 9 - Entire Agreement
9.1. This Agreement, consisting of five (5) pages,
represents the entire agreement between the CONSULTANT and
the CITY with respect to the Project and may only be
modified in writing, signed by both parties.
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If acceptable, I will appreciate your executing the
enclosed copy in the space provided below and returning it to me
in the enclosed stamped envelope at your earliest convenience.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed
this Agreement the day and year indicated below.
As to CONSULTANT
PLAN/NET
J. W. Anderson, Jr. ICP
DATED:,.,7' 1 1988
Copy: Thelma Brown --Porter
City Planner
As to the CITY _
CITY OF TAMARAC
ti
Orman Abramowitz, Mayor
DATED: 1988
CITY OF TAMARAC
APPROVED AT MEETING OF 6, S g E