HomeMy WebLinkAbout1992-12-08 - City Commission Special Meeting Minutesi
City Council Special Minutes
12/8/92/KJ
Page 1
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
TUESDAY, DECEMBER 8, 1992
FALL TO OW : Mayor Bender called this meeting to order on
Tuesday, December 8, 1992, at 10:30 a.m. in Conference Room $1 of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
gAESBNT:
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Norman Abramowitz
Councilman Irving Katz
ALSO PRESNET :
John P. Kelly, City Manager
Dina McDermott, Assistant City Manager
Mitchell S. Kraft, City Attorney
Kelly Carpenter, Director of Community Development
Karen Jackson, Secretary
1. RPB41C PARTICIPATXON - Any member of the public may speak
to any issue which is on this meeting notice. Speakers will
be limited to three minutes during this item. There will be a
thirty (30) minute aggregate time limit for this item, and
speakers are encouraged to sign up in advance with the City
Clerk prior to their participation.
Mayor Bender OPENED and CLOSED the Public Participation with NO
RESPONSE.
2. gXSC,USSION AND rQJJ3,NMX ACTION regarding the Traffic
Impact Fees Report by Kimley Horn.
SYNOPSIS Qjr_„ ACTION:
APPROVED instructing the appropriate City officials to proceed
with acquiring more information and the costs involved to expend
traffic impact fees for the construction of Hiatus Road and to
bring it back to Council for further discussion and approval.
Mr. Kelly introduced Kelly Carpenter, Director of Community
Development.
Ms. Carpenter said at present, the Traffic Impact Fee Account has
$862,613.72 in it. She said that money is paid by developers to
the City for site plan approval in which they will create a future
traffic needs. She said this is not paid to correct existing
deficiencies, but to correct problems that any new development
would cause.
Ms. Carpenter said the City has hired Kimley Horn after Request
for Proposals were received and a series of interviews were held.
She said Kimley Horn was selected to prepare a study for the City
updating the 1985 Needs Study. She said it was felt that the
assistance of a Traffic Engineer was needed in order to specify
the best place to spend the Traffic Impact Fee Fund. She
introduced Walkin Vargas, representative of Kimley Horn, who will
explain the study.
C/M Schreiber referred to the Introduction on Page 4 of the Study,
referencing the Report from November, 1990 which concluded that
the City's Impact Fee Program was generally consistent with the
requirements of law and that the City was authorized to spend
impact fees collected on any road improvement that benefited the
development project for which the fees were collected.
City Council Special Minutes
12/8/92/KJ
Page 2
Ms. Carpenter said it is a matter of interpretation as to what the
word, "benefit" means, but it has generally been interpreted to
mean that there is a ration of connection between the benefit that
is put in place and the project which paid the fee. She said since
Tamarac does not break down its traffic service areas into small
parts of the City, then the City takes the position that the
entire City, or at least the western half, benefits from any
project that is put in the western part of the City, then the City
is able to justify from a legal standpoint that there is a
rational connection between those people paying the fees and those
people receiving the benefit.
C/M Abramowitz said this is a very important and touchy subject.
He said there has been a tremendous amount of litigation regarding
this subject, which is the reason for a professional to come to
the City for recommendations.
V/M Schumann said the Code states that any monies remaining in the
account for six years and not encumbered, must be refunded. He
asked how much of the $852,000 has gone beyond the six year
period.
Ms. Carpenter said none of it at this time, but it is getting
close to that point. She said the City needs to take action and
encumber this money soon, or there will be a challenge in 1993.
V/M Schumann asked if this is an interest bearing account and Ms.
Carpenter said, yes.
Mr. Vargas said Kimley Horn updated the 1985 Long Range
Transportation Needs Study that was done for the City to identify
roadway improvements within the City that the City would use to
spend the impact fees that had been collected to this date. He
said the City is using Kimley Horn as their traffic consultant to
solve City traffic problems on an as -needed basis.
Mr. Vargas said according to the update of the traffic study,
Kimley Horn did an existing conditions analysis and a future
conditions analysis in terms of the level of service and what is
happening within the street system surrounding the City of
Tamarac.
Mr. Vargas displayed a map of the traffic study findings based on
the data collected from the County, the Department of
Transportation and through traffic surveys performed on City
streets.
Mr. Vargas said University Drive is currently deficient between
Commercial Boulevard and McNab Road, Commercial Boulevard is
deficient from NW 64 Avenue to State Road 7 and between NW 31
Avenue and Prospect Road. He said Rock Island Road is deficient
south of Commercial Boulevard.
C/M Abramowitz asked if the term "deficient" means compact
deferral and Mr. Vargas said these deficiencies create compact
deferral areas.
Mr. Vargas said based on the traffic collected within the C-ty, it
was found that all of the roadways inside the City of Tamarac are
operating at Level Service C or better. He said there was an
analysis done for future conditions of the Year 2010. He sand they
obtained traffic information from the County, State and for the
City streets. They obtained potential development scenarios within
the City of Tamarac and generated traffic from those potential
developments into the City and projected traffic volumes on the
City streets.
Mr. Vargas said Kimley Horn found the following for future traffic
conditions: In the Year 2010, there is a deficiency on Commercial
Boulevard from Rock Island Road to State Road 7, and on State Rcad
7 from Prospect Road, south of Commercial Boulevard, to NW 44
City Council Special Minutes
12/8/92/KJ
Page 3
Street.
Mr. Vargas said the deficiency
be deficient in the Year 2010.
because in the Year 2010 Plan,
eight lanes in this section.
on University Drive will no longer
He said the reason for this is
University Drive is planned to be
C/M Schreiber asked if it would become six lanes again once it
came to McNab Road and Mr. Vargas said he does not know the answer
to that question.
Ms. Carpenter said at present, there is not a deficiency on
University Drive, north of McNab Road, and that there would not be
a deficiency in the Year 2010. Discussion was held regarding the
possibilities of widening University Drive, north of McNab Road.
Mr. Vargas said Rock Island Road is currently deficient, but is
not shown in the Year 2010 as being deficient. He said the reason
for this is due to the County's plan to make Rock Island Road a
four -lane road. He said Prospect Road is not shown as being
deficient now or in the Year 2010, but the County has a plan to
widen that section as well.
Mr. Vargas said in the Year 2010, there will not be a deficiency
within the City of 'Tamarac.
Mr. Vargas said since the County has Prospect Road as a four --lane
facility in their 2010 Plan, but is not shown in their five year
program, Kimley Horn is recommending that the City initiate a
request from the County to try to put Prospect Road in their five
year program, which is a political issue.
Mr. Vargas said another recommendation is related to State Road 7
and Commercial Boulevard. He said what they did in the analysis
was to assume an eight --lane Commercial Boulevard from Rock Island
Road to State Road 7, which does not resolve the future problem.
He said they also assumed an eight -lane State Road 7, which will
also continue to have deficiencies. He said the solution would be
to eight -lane Commercial Boulevard, eight -lane State Road 7 and
have a type of grade separation at that intersection.
Mr. Vargas said the Turnpike authorities did a study in the past
which found that queues are created at the exits, causing a
traffic problem. He said one of the things they have done is
improve the toll process time which helps the queues before the
toll, but they are penalizing Commercial Boulevard.
Mr. Vargas said impact fees associated with new development have
to be based on future improvements, not on existing deficiencies.
He said new developments should not be responsible for problems
from the past. He said the City should not be responsible to spend
their money on County and State problems. He said they looked for
problems within the City and none were found in the Year 2010.
Mr. Vargas said the City expressed an interest in the extension of
Hiatus Road and it is Kimley Horn's recommendation that the impact
fees that the City currently has be spent on the extension of
Hiatus Road. He said the issue is that there was a deal done on
the south portion of this undeveloped piece of land, Westpoint
DRI, and as part of that development, they are responsible to
four -lane Hiatus Road to the limits of that project, which is
about one-third of the way from Commercial Boulevard to McNab
Road.
Mr. Vargas said the remainder of Hiatus Road would be the
responsibility of the City. He said a cost estimate was done on
the continuation of the four -lane road from where the DRI ends to
McNab Road. The cost of that construction would be 1.2 million
dollars, which is more than what the City has. He said there is a
need to develop a way to build that section with the current money
that the City has available.
City Council Special Minutes
12/8/92/KJ
Page 4
C/M Abramowitz asked if the City decided to build the two-thirds
of Hiatus Road, the owners of the DRI are mandated to build the
other one-third and Ms. Carpenter said, yes, but the timing cannot
be controlled by the City.
Mr. Vargas said the cost of the job is a problem, the 1.2 million
dollars versus the $860,000. He said one possible solution would
be to build the two-thirds as a two-lane road to the point where
the DRI would carry it further south, but then it is not feasible
to have a two-lane road that ends in a cul-de-sac.
Mr. Vargas said there is a possibility to have a two --lane
collector from where the two-lane ends onto Nob Hill Road with
some type of roadway system connecting Nob Hill Road and McNab
Road at the point in time when the developer comes forward to
continue Hiatus Road to Commercial Boulevard.
Mr. Vargas said the cost associated with the two-lane with the
two-lane connector onto Nob Hill Road is approximately $620,000,
which is less than the amount of money that the City currently
has.
C/M Schreiber said it would then cost the City more in the end at
a cost of approximately 1.5 million dollars and Mr. Vargas agreed.
C/M Abramowitz asked if the City were to build any road, would the
owner of the property be mandated at that time to complete his
portion and Ms. Carpenter said, no, but there is another option.
C/M Katz asked if the City bonded the deficit and created the
entire four -lane section, even the area that Westpoint is
obligated to build, could the City encumber their property for the
balance that they have committed to do.
Mr. Vargas said if the total cost of the entire roadway would be
1.9 million dollars to complete the project.
C/M Katz asked if the City can legally bond the property and
encumber the property from Westpoint and how can the City protect
itself in order to repay the bond and recoup the funds.
C/M Abramowitz asked if the City can expend funds against future
impact fees.
Discussion was held regarding the City expenditures.
Ms. Carpenter said on the north half, north of the canal, the
fourteen owners that are not Westpoint, those fees will be coming
to the City in the future, at the point of site plan.
Mr. Kraft said these questions require research.
Mayor Bender asked what made the County decide to cut the road at
that point and not continue.
Ms. Carpenter said Hiatus Road is not a County road, but is a City
road. She said Hiatus Road has not been on the County trafficways
plan, north of Commercial Boulevard. She said the City has taken a
position that it is not supportive of Nob Hill Road being taken to
six lanes.
Ms. Carpenter said for the County to even consider Hiatus Road to
be on the County trafficways plan, it would have to make a
connection from Commercial Boulevard to NW 108 Street and connect
back to Nob Hill Road for a continuous thoroughfare, which no one
wants to happen and this is why Hiatus Road is not on the County
trafficways plan, north of Commercial Boulevard.
11
C/M Abramowitz asked what the Staff is recommending.
11
TAPE
City Council Special Minutes
12/8/92/KJ
Page 5
Mr. Kelly said the Staff is recommending new road improvements in
Land Section 7 and there is a need for the City to commit the
money at this time.
C/M Schreiber asked how much of the money has to be expended at
the end of this year and Ms. Carpenter said not the total amount.
C/M Schreiber asked if the City can legally access additional
funds from elsewhere to complete this plan.
C/M Abramowitz said Staff's recommendation is for the area and the
City has enough money to complete a two-lane facility at present.
He asked if the City can legally expend the funds and build a
four -lane road and then recapture the funds.
Ms. Carpenter asked if the City wants to build this from
Commercial Boulevard north as far as the City can pay for it.
Discussion was held regarding this.
Ms. Carpenter said the consultant's job was to tell the City which
road to spend the money on, which he has done. She said his
recommendation is to spend the money on Hiatus Road and a series
of alternatives will be brought back to Council.
Mr. Vargas said it is a good suggestion to two-lane the entire
extension on Hiatus Road from McNab Road to Nob Hill Road.
C/M Abramowitz MOVED to APPROVE proceeding with plans for Hiatus
Road without expenditures, SECONDED by C/M Katz.
VOTE:
kA4Osil•1+4-1MIWA _a
C/M Abramowitz MOVED to APPROVE recommendations being brought
back to Council regarding proposals and cost of the projects,
SECONDED by V/M Schumann.
VOTE:
ALL VOTED AYE
3. DISCUSSION AND POSSIBLE ACTION regarding the MAS
(Municipal Administrative Services) contract regarding an
audit of FP&L.
J,XXQRt2xF OF ACTION
Agendized by Consent. Council reviewed corrections made by the
City Attorney. City Attorney Kraft agreed to submit further
documentation for Council consideration.
C/M Katz MOVED to AGENDIEE Item 3, SECONDED by V/M Schumann.
VOTE:
ALL VOTED AYE
Mr. Kraft referred to the changes made on the MAS contract
regarding FP&L. (See Attachment 1)
2
Discussion was held regarding the corrections made by Mr. Kraft
and the wording of the contract.
C/M Abramowitz said he wants whatever recovery there is, based on
the MAS recommendations, for MAS to get their 33-w1/3%, once the
money is in the City's possession.
C/M Schreiber suggested placing a cut-off date in the contract, so
that it does not continue.
C/M Abramowitz said this may result in three or more years of
litigation or negotiations.
C/M Schreiber suggested to cut it off from the point where their
final report is filed. Further discussion was held regarding this.
Mr. Kraft said a statement in the contract will read, "The City
City Council Special Minutes
12/8/92/KJ
Page 6
shall have no obligation to MAS for future recovery based on the
findings of MAS."
Mr. Kelly requested that he receive the original notices and
invoices and that copies be sent to the Mayor and Council in order
for him to forward the originals to the Finance Department.
Mayor Bender asked if Mr. Kraft has a legal opinion as to whether
this can be awarded and Mr. Kraft said this is a professional
service and under State Statute 6-151-2, there is no requirement
for public bidding.
Mr. Kelly said contracts are approved by resolution.
C/M Abramowitz suggested that this be held until negotiations are
finalized with MAS.
Mr. Kraft said he will submit everything once negotiations are
finalized.
4. DIg�fiA;rON_A4P, POSSIBLE ACTION regarding the curbing on
NW 78 Street at the WOODMONT COUNTRY CLUB entrance.
SYNOPSIS or ACTION_
Agendized by Consent.
TABLED pending more information.
C/M Katz MOVED to AGENDIZE Item 4, SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
C/M Katz said there was a concern expressed by the Engineering
Department regarding the drainage and retention of water in the
medians. He asked what kind of damage would this do to the City's
roadway and if the City is going to require a hold harmless
agreement from the Woodmont Association on any damage which may be
caused by the drainage situation. He said there was a suggestion
for PVC to be placed through the curbing which may not eliminate
the entire problem. He said wherever there is drainage, he does
not want it to be running on a concentrated piece of roadway that
will deteriorate, without having a hold harmless for the City so
that if damage occurs, they will do the repairs.
Mayor Bender said the curbing will have intervals of spaces
providing for any excess drainage, which will mostly be from the
sprinkler system. He said this information is from the Public
Services Department.
C/M Schreiber asked why the City should pay for this situation
when the Association installed the curbing. Discussion was held
regarding the condition of the roads in Tamarac.
C/M Abramowitz MOVED to TABLE Item 4 pending more informs -ion.
V/M Schumann asked how much lineal footage is involved.
Mayor Bender said 945 feet at a cost of $2,362.00.
V/M Schumann SECONDED the Motion to Table.
VOTE: ALL VOTED AYE
5. DISCUSSION AND POSST)3,LE ACTION regarding the vacancies on
the Public Information Committee.
Agendized by Consent.
APPROVED the appointment of Gladys Kupfer as an alternate member
on the Public Information Committee.
C/M Abramowitz said that Stan Bernard, Chairman of the Public
City Council Special Minutes
12/8/92/KJ
Page 7
Information Committee, has requested that Gladys Kupfer be
appointed as an alternate member to the committee. He said the
Committee is short three alternate members at present.
C/M Schreiber recommended that Lou Silverman and Mae Schreiber be
reappointed to the Committee to eliminate the vacancies on this
Committee.
C/M Abramowitz MOVED to AGENDTZE Item 5, SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
C/M Abramowitz MOVED to APPOINT Gladys Kupfer as an alternate
member to the Public Information Committee, SECONDED by C/M Katz.
VOTE: C/M Katz
- AYE
C/M Schreiber
- ABSENT
C/M Abramowitz
- AYE
V/M Schumann
- AYE
Mayor Bender
- AYE
V/M Schumann MOVED to APPROVE a proclamation being issued to
Lynette Troyanowski honoring her as Junior Orange Bowl Queen to be
agendized for the next Regular City Council meeting, SECONDED by
C/M Abramowitz.
VOTE: C/M Katz - AYE
C/M Abramowitz - AYE
V/M Schumann - AYE
C/M Schreiber - ABSENT
Mayor Bender - AYE
C/M Abramowitz said he sent a memo to Council and the City Manager
regarding the action taken by the Board of Rules and Appeals
referring to back flow preventers. He said it went before the
Plumbing Committee of the Board of Rules and Appeals, who has
approved it. He said the stipulation is that the City, being the
vendor, will now make the rule regarding back flow preventers.
C/M Abramowitz requested that the City Manager be directed to
prepare and do research for the City to place into the Code the
rules and regulations regarding back flow preventors.
C/M Katz said this can only be done if it is going to be justified
by the Board of Rules and Appeals. He said his concerns are as
follows: 1) What is the City's position in the area of the City
where the County furnishes the water, and 2) he would like the
City to get the decision from the Board of Rules and Appeals as
did the Broward League prior to the City taking the position.
Mr. Kelly said the City has the information and Dan Wood, Chief
Building Official requested a workshop be held to discuss this.
With no further business, Mayor Bender ADJOURNED this meeting at
11:55 a.m.
.L
L BENDER
MAYOR
CAROL A. EVANS
CITY CLERK
CITY OF TA,MARAC
APPROVED AT MEETING tOFl„�n� 3
CITY OF TAMARAC
CITY ATTORNEY
FAX COVER PAGE
PHONE: (305) 722-5900
FAX: (305) 722-4509/724-2409
TO: Guy R. Rankin, Vice President
RE: MAS Professional Services Contract FPL
Franchise Fee Evaluation
Our File No.: K92-049
FROM: MITCHELL S. KRAFT, CITY ATTORNEY
NUMBER OF PAGES SENT: (including Cover Page): 8
DATE: December 8, 1992 FAX NO.: 1-713-541-
__-___-- 6649
Please review and comment -on proposed changes. - - - ------
Mitchell S. Kraft j
11
e
19
MUNICIPAL ADMINISTRATIVE SERVICES. INC
nITY ,
December 2, 1992
Dr. Larry Bender
Mayor
City of Tamarac
7525 N. W. 88th Avenue
Tamarac, Florida 33321-2401
Re: Professional Services Contract
Dear Dr. Bender:
As requested on November 30th, 1992, attached is our Professional Services Contract
detailing all requirements to complete the Florida Power and Light Franchise Fee
Evaluation.
It is our understanding that this Contract will be performed on a contingency basis (33
1 /3%) of any monies found or recovered or future revenue benefiting the City of Tamarac,
we further understand that payments due MAS, if any, are to be paid one time only and
not annually.
We further agree and understand that travel costs i.e., airline, hotel, rental car, meals etc.
will be billed to the City of Tamarac and shall not exceed ($2,500.00) twenty five hundred
dollars.
Should you have any questions or need additional detail, please call me at (713) 541-
5457.
Sincerely,
64 �J-
'UYjRankin
Vice President
GRR/ery
Enclosure
10103 F(''NDK�N • SUITE # 350 • HOUSTON, I EXAS 77096 • (713) 541- 5457 • FAX (713) 541- 6649
. .... ••j'i'-' /Y Ott
t� 1i
CONTRACT TO PROVIDE
PROFESSIONAL SERVICES TO THE
CITY OF TAMARAC, FLORIDA
THIS CONTRACT, entered into this_
y of 112 and
effective immediately, by and between Municipal'Administrati a Services, Inc.(herenafter
referred to as the "Consultant") and City of Tamarac State of Florida (hereinafter referred
to as the "City,,), WITNESSETH THAT:
WHEREAS, the City receives certain utility
conducting operations within the City; and, tax and franchise fee revenue from utilities
WHEREAS, the City following sound management practices desires to review the
correctness of the revenues as paid to it; and,
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced
in the requirements of developing and conducting'such reviews; and,
WHEREAS, the City desires to engage the Consultant to conduct reviews to ensure
fair and reasonable payment of amounts due by said utilities.
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Employment of Consultant. The city agrees to engage the Consultant a
the Consultant hereby agrees to perform the following services. nd
2. Scope of Services. The Consultant shall do, perform and carry out in a
good and professional manner the following services:
Conduct a review of the payment to the City of franchise fees and
utility taxes by Florida Power & Light. Such reviews will be
conducted as outlined in Attachment A. Work outlined in .the
attachment will only be undertaken following receipt of this signed
Contract.
3. Time of Performancp. The .services to be performed hereunder by the
Consultant shall be undertaken and completed in such sequence as to
assure their expeditious completion and best carry out the purposes of the
agreement. The project will be started within 10 days of notice to proceed
and the report required delivered not later than 60 days from the actual
start date, bearing exigencies beyond the control of MAS.
4. .CQmpensation. The.City agrees to pay the Consultant as outlined in
item 10 "Payment for Services."
5. Changes., The City may, from time to time, require changes in the Scope
p
of the services of the Consultant to be performed hereunder. Such
changes which are mutually agreed upon by and between the City and the
Consultant, shall be incorporated in written amendment to this agreement.
Any changes in the scope of work as outlined in the Attachment shall be
billed at MAS's standard hourly rate.
6. Services and Materials to be Furnished by the Cit,�i. The City shall locally
furnish the Consultant with all available necessary information, data, and
material pertinent to the execution of this agreement. The City shall
cooperate with the consultant in carrying out the work herein and shall
provide adequate staff for liaison with the Consultant.
7. Termination of agreementfo, .,a e:- The city shall have the right to
terminate this agreement by giving written notice to the Consultant of such
termination and specifying the effective datethereof, The Consultant shall
be entitled to payment for services rendered to and accepted by the City
through the effective date of the termination.
8. Insurance and Indemnification. Before starting and until termination of work
for, or on behalf of, the City, the Consultant shall procure and maintain
insurance of the types and to the limits specified.
The term City as'used in this section of the Contract is defined to mean
the city of Tamarac itself, any subsidiaries or affiliates, elected
and appointed officials, employees, volunteers, representatives and agents.
Insurance shall be issued by an insurer whose business reputation, financial
stability and claims payment reputation is satisfactory to the City, for the
City's protection only. Unless otherwise agreed, the amounts, form and
type of insurance shall conform to the following minimum requirements:
A. WORKERS' COMPENSATION
The Consultant shall purchase and maintain Worker's Compensation
Insurance Coverage for all. Workers' Compensation obligations
whether legally required or not. Additionally, the policy, or
separately obtained policy, must include Employers Liability Coverage.
B. COMPREHENSIVE GENERAL. AUTOMOBILE, ERRORS AND OMISSIONS
_PROFESSIONAL LIABILITY AND, UMBRELLA LIABILITY COVERAGES
The Consultant shall purchase coverage on forms no more restrictive
than the latest editions of the Comprehensive General Liability and Business Auto policies filed by the Insur a Eel -Ades Office. The
City of Tamarac shall be Insured on all coverages
except Workers Compensation. The City shall be akA Insured
n .' AR. An m AV � ��n � . . = .N � �� IAR �� KA • " `� �Are� � .�
o)A�Vr
and such coverage shall be at least as broad as that provided to tkNamed
Insure tinder the policy for the terms and conditions of this Contract.
The City shall not be considered liable for premium payment, entitled
to any premium return or dividend and shall not be considered a member
of any mutual or reciprocal company.
,QQmprehensive General Liability coverage must be provided, including
bodily injury and property damage liability for premises, operations,
products and completed operations and independent contractors. Broad
Form Comprehensive General Liability coverage, or its equivalent shall
provide at least, broad form contractual liability applicable to this
specific agreement, personal injury liability and broad form property
damage liability. The coverage shall be written on occurrence -type
basis.
Business Auto Policy coverage must be provided, including
bodily injury and property damage arising out of operation,
maintenance or use. of owned, non -owned, non -owned and hired
automobiles and employee non -ownership use.
Umbrella Liability Insurance coverage shall not be more
restrictive than the underlying insurance policy coverages.
The coverage shall be written on an occurrence -type basis.
C. INSURANCE QF THE CONSULTANT PRIMARY
The Consultant's required coverage shall be considered primary, and
all other insurance shall be considered as excess, over and above
the Consultant's coverage. The Consultant's policies of coverage will
be considered primary as relates to all provisions of the Contract.
W$S CONTROL AND SAFETY
The Consultant shall retain control over its employees, agents, servants and
subcontractors, as well as control over its invitees, and its activities on and
about the subject premises and the manner in which such activities shall be
undertaken and to that end, the Consultant shall not be deemed to be an
agent of the City. Precaution shall be exercised at all times by the
Consultant for the protection of all persons, including employees, and
property. The Consultant shall make special effort to detect hazards and
shall take prompt action where loss control/safety measures should reasonably
be expected.
_H0J,D HARMLESS
The Consultant shall hold harmless the City of Tamarac its subsidiaries
or affiliates, elected and appointed officials, employees, volunteers,
representatives and agents from any and all claims, sub,, actions, damages
liability and expenses in connection with copyright violations, trade secrets,
loss of life, bodily or personal, injury, or property damage, including loss or
use thereof, directly or indirectly caused by, resulting from, arising out of
or occurring in connection with the performance of this Contract, whether
arising Solely out of the negligence of the Consultant or not. The Consultant's
obligation shall not be limited by, or in any way to, any insurance coverage
or by any provision in or exclusion or omission from any policy of insurance.
9. Information and Reports. The Consultant shall, at such time and in such
form as the city may require, furnish such periodic reports concerning the
status of the project, such statements, certificates, approvals and copies of
proposed and executed plans and claims and other information relative to
the project as may be requested by the City. fec c�,i
10. Payment for Services. Work for this specific r�"` b`t�
contingency basis 33 1 3% p p °jet all be erformed on a ®w«.(}
( ) onie du®. Travel costs willc`v la�l X
be billed as a separate item not to excee-d 2,500, and inclu a irli e, hotel meals,
rental car etc. slCeC,�� h� I(s �Ca-;.,
� �� �wd o C CeqtZ4-�1
11. Nptices. Any notices, bills, invoices, or reports required b his agreement
shall be sufficient if sent by the parties in the United State mail, postage
paidto the addresses noted below:
�� �c:�ufiv► FC'Ce; � C�u�s
fear r
Mr. George T. White
President, Municipal Ai r* v � 6k
City of Ta ara Administrative Services; Inc.
7525 N.W. 88th Avenue 10103 Fondren, Suite 350 `a -V, 0 "{-
Tamarac, Florida 33321-2401 Houston, Texas 77096
Coy C.DHl� 4-0 S' ,N F.: c(C (713) 541-5457 ` �
C f - rt ►`-
12. This agreement shall bb� �i r t11s to u
laws of the State of Florida. d by and construed in accordance with t e D
v C v` t..t � S�� � � i� Co �Z'C.t, �
IN WITNESS WHEREOF, the-City.and tho Con--ultant havo
agreement as ate first written above. this
ATTEST: CITY OF TAMARAC, FLORIDA
City Clerk
APPROVED AS TO FORM:
City Attorney
-rVP 7fac..wM ,,
BY:
MUNICIPAL ADMINISTRATIVE
SERVICES, INC.
BY:_
George T. White, President
VWYVA& NN — V i— Y..I , ___A,
ATTACHMENT A
$CAPE OF WORK
MAS proposes to conduct franchise fee reviews of Florida Power and Light Electric
Company for the City of Tamarac. The benefits which may be realized by the City as a
result of the review, include potential revenue recoveries for past periods and future
savings for the remaining term of the agreements.
The reviews to be conducted by MAS shall determine if any underpaid or unpaid amounts
are due and shall include verification of the activities described below. MAS shaJI provide
the City with a final report which will outline the review work performed, explain the review
findings, and provide recommendations for the improvement of future franchise fee
reporting and compliance efforts, the report will also identify monies due to the City, and
future benefits, if any.
MAS will review the most current year with an option to expand the review to Include 2
subsequent years based on the results found in the current year review.
Audit activities will ensure that appropriate fees were paid to the City through verification
of the following:
Analysis of City, revenues from franchise fees. MAS will review the revenue
accounts and determine whether the proper accounts were included in the tax
base reported to the City. A summary of revenue accounts wrongfully excluded
from the tax base will be provided to the City.
We will also compare City revenues from franchise fees on a regional and national
scale. MAS has developed a computer model which can estimate revenues
excluded from the City's franchise revenue base. This program provides a good
basis to approximate the underpaid revenue. Several of our calculations have
been used to settle disputed amounts for our clients. Our current data base of
over 300 cities with similar agreements will allow us to make a detailed
comprehensive comparison for these franchises.
2. PaminationOf methods and procedures used in the jurisdiction.. codingvf
r,ustomers and determination of propriety of customer coding.
The customer coding portion of this compliance review is very significant. In some
cities the major industrial and commercial entities such as factories, shopping
malls, and airports which are technically inside the City limits may have City lines
drawn across the streets and around the site which could result in these a vities
being excluded from the calculation.
C
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MAS will analyze and correlate City demographics to the growth patterns of the
City of Tamarac (i.e., annexation, issuance of ordinances, population growth by
category residential, commercial, industrial and other external factors that may
exist) which tend to either enhance or erode the franchise fee revenue base.
I deport of Findings. MAS has been involved with monitoring and researching
franchise issues for several years and has developed a wealth of information and
expertise in this specialized area.
MAS will evaluate the existing and past municipal records relating to the franchise
holders and review correspondence, records, and any other documentation
pertaining to the existing franchise fee agreement. h-ol-�
MAS will provide the City with a detailed report on the findings from the Audit.
MAS will review all payments to the City for the applicably periods and provide the
City with a narrative description, and a revenue trend analysis.
4. 4- person, formal_ presentation (optionaq. MAS will visit the City of Tamarac to
formally present the audit findings to the City.
unless for reasons beyond the control of MAS, services shall be completed
within 90 days from receipt of the signed contract.
a I..? /\ / M i\
A I IA A Y
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