HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2591
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Temp. Reso. #5566
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89_- r-Ctd\? /
A RESOLUTION AUTHORIZTNG THE APPROPRIATE CITYOFFIC]AI,S TO EXECUTE AN AGREEMENT WITH ROBERT K.
SWARTHOUT, INC., TO UPDATE THE CITY' S LAND
DEVELOPMENT CODE ' AI\ID PROVID]NG AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE
FLORIDA:
SECTION 1: That
COUNCIL OF THE CITY OF TAMARAC,
the appropriate City officials are
hereby authorized to execute an Agreement with Robert K.
Swarthout, Inc., to update the Cityrs Land Development Code,
a copy of said Agreement being attached hereto as "Exhibit
rnI.
SECTION 2:This Resolution sha11 become effective upon
adopt ion.
PASSED, ADOPTED AND APPROVED t?-is)S /*,
day of /"fffi/-!/ tsss.
NORI{AN AB I.TZ
ATTEST:
LA.
CITY CLERK
I HEREBY CERTIFY that I haveapproved this RESOLUTION asto form.
MAYOR
RECORD U, .,..,uNClL VOTE
R
MAYOR
DISTRICT I:
DrsrRrct e:
DISTRICT 3:
DISTRICT 4:ENDER
c/M
CITY ATTORNEY
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PI.A}INING SERVICES C OI{TRACT
This contract is entered into between the City of Tamarac, hereinafter referred to as the
City, and Robert K. Swarthout, Incorporated, hereinafter referred to as the Consultant.
WHEREAS, the City, in furtherance of its duties under Chapter 163, Part II, Florida
Statutes, and Chapter 89-253, Laws of Florida, has requested professional services relative
to the preparation of its Land Development Code utilizing funds under the funding
program provided for by Rule 9J-29, FAC, hereinafter referred to as the "Funding
Program."
NOW THEREFORE, THE CITY AND CONSULTANT DO MUTUALLY AGREE AS
FO LLOWS:
I.Clrven :r n t for Senrices
The City does hereby contract with the Consultant to perform the services described
herein and the Consultant does hereby agree to perform such services under the
terms and conditions set forth in this contract.
U. fl,efinition, Scope and Qt,a1ity of Seryice
(A) Intent of the Contract
(1) The Consultant agrees, under the terms and conditions of this contract
and the applicable state and local laws and regulations, to undertake,
perform, and complete a portion of the necessary technical services
required to update and revise the required Land Development Code.
(B) Scope of Services, Schedule of Deliverables
(1) EXHIBIT "A", Scope of Services/Schedule of Deliverables, is hereto
incorporated by reference.
III.Compensation
(A) The breakdown of fees relative to work tasks and meetings described in g,
Exhibit "A" is as follows: !,1.,^ .. \V)t,s' r-,v t
The Consultant will complete all work based on hourly rates and direct d t)' t --
expenses provided that in no case will the fee for Task 1 and 2 exceed $ft'fl0-"0.
If, based on hourly rates and direct expenses, the fee for Tasks 1 and 2 is less,
then the City will pay less. If, based on hourly rates and direct expenses, the
fee is more, then the Consultant will absorb the overrun and the City will not
pay more than $J,5f0dfor Tasks 1 and 2. Fees for Tasks 3-7 will be based on
hourly rates plus direct expenses.
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Hourly rates are as follows
Mr. Swarthout:
Mr. Pitkin:
Other professional staff:
Technical support, word processing and graphics
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$8O.OO per hour
$80.00 per hour
$50.00 per hour
$30.00 per hour
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(B) Direct expenses referred to in Part IV (A) shall include mileage, telephone,
in-house reproduction, publications directly related to the project and other
similar direct expenses.
The firm will provide the City with one camera-ready paper copy of all
interim and final documents. Photo copy and other reproduction costs will be
the responsibility of the City.
(C) The amount of payment shall be reduced by ten (10) percent should the
Consultant fail to meet the deadlines set forth in this contract except for
reasons not reasonably within the Consultant's control.
IV. IVlethodofPa5rmentandRetainage
(A) The Consultant will submit monthly invoices for work completed during the
period. The Consultant invoices will be based on the work completed during
the period.
(B) All Consultant invoices will be sufficiently detailed and documented to
describe Consultant work activities, progress on work tasks, project
milestones and task completions. They shall provide information for proper
pre-post audit report.
(C) The City shall make all reasonable efforbs to ensure payment of all invoices
properly submitted within thirty (30) days after receipt of an invoice.
V. AuditRequinements
(A) The Consultant agrees to maintain adequate financial procedures and
adequate support documents to account for the expenditure of funds under this
contract.
(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
City. "Reasonable" shall be construed according to circumstances, but
ordinarily shall mean normal business hours at 8:00 a.m. to 5:00 p.m., Local
Time, Monday through Friday.
(D) The Consultant 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
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(C) The Consultant shall also provide the City with the records, reports or
financial statements upon request for the purposes of auditing and
monitoring the funds awarded under this contract.
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reports, or if an audit has been initiated and audit findings have not been
resolved at the end ofthree years, the records shall be retained until
resolution of the audit findings.
VI. Subconhacts
(A) The Consultant will not employ any other subcontractors without the express
written approval of the City.
(B) Ifany additional subcontractors are approved by the City, subcontractor
agreements will include provisions which bind the subcontractors to the
terms and conditions of this agreement and the contract between the State of
Florida Department of Community Affairs and the City.
VII. Liability
(A) The Consultant shall be solely responsible to parties with whom it shall deal
in carrying out the terms of this contract and shall hold the City harmless
against all claims of whatever nature by third parties arising out of the
performance of work under the contract.
VIII. Conh"actTerrn
(A) The contract shall commence on the last day of signing by the parties
involved.
(B) All activities performed pursuant to this program shall be completed within
eight (8) months of commencement.
IX. Modification of Conh:act
Either party may request modification of the provisions of this contract. Changes
which are mutually agreed upon shall be made by written amendment to this
agreement executed with the same formality.
X. WorkAuthorization
The Consultant is authorized by the approval of this contract to begin work on Tasks
1 and 2 described in Exhibit A. Additional tasks will be authorized by the City
based on the results of Task 1. The Consultant will start work on these additional
tasks only after formal amendment of this agreement and receipt of a letter of
authorization which specifies the type of work to be completed and the approximate
amount of time to be allocated.
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XI. Tennination
(A) This contract may be terminated by either party without cause, upon
providing written notice with its intention to the other party, thirty (30) days
prior to its termination.
(B) If the Consultant shall fail to fulfill in a timely and proper manner its
obligations under this contract, the City shall have the right, without liability,
to terminate this contract within ten (10) days after giving written notice to the
Consultant of such termination. The City may also require a pro rata
repaSrment for funds paid to the Consultant if there is a breach of any part of
this contract.
(C) Notwithstanding the above, the Consultant shall not be relieved of liability of
the City by virtue of any breach of contract by the Consultant. The City may
withhold any payments to the Consultant for purpose of set-off until such time
as the exact amount of damages due the City from the Consultant is
determined.
(D) In the event of termination as provided herein, it is expressly understood and
agreed by the City and Consultant, that all documents, data, maps and reports,
and any other material generated under the terms of this contract, shall
become the property of the City.
)([I. NoticeandContact
(A) Whenever either party desires to give notice to the other, it must be given by
written notice, sent by certified United States Mail, return receipt requested,
addressed to the party for whom it is intended, at the place last specified and
the procedure for grving of notice shall remain such until it shall be changed
by written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective place for giving
of notice, to-wit:
FOR THE CITY OF TA]WAIIAC
John P. Kelly, City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 3332L-2401
FOR ROBERT K. SWARTHOUT, INCORPORATED
Robert I( Swarthout, Incorporated
400 S. Dixie Highway, Suite 121
Boca Raton, Florida 33432-6023
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>iltr. Responsibitityof the City
(A) The City or its designated representatives shall examine documents
submitted by the Consultant and shall render decisions pertaining thereto
within a reasonable time to avoid delay in the process of the Consultant's
work.
(B) The City shall make available at no charge one or more as may be needed
good quality mylar base maps on which to prepare the zoning district map or
maps. In addition, the City shall make available at no charge all previous
and current planning related ordinances, studies, charts, maps, reports and
other information relative to the work to be performed under this agreement.
The City's responsibility however, is limited to such data and documentation
within its possession or reasonably accessible to the City. All materials will
be provided on a timely basis.
(C) The City shall arrange and coordinate all meetings with the City Staff,
Planning and Zoning Board, City Council and/or other advisory groups as
required for the performance of the Consultant.
XIV. AdditionalSenrices
(A) Notwithstanding the specific services detailed within this agreement, the
Consultant will, upon request of the City, provide any and all other planning
consulting services so requested by the City. Such additional services may
include development application reviews, base mapping, impact fee studies,
etc. It is understood that such additional sen'ices shall result in additional
compensation to the Consultant. The Consultant and City will negotiate the
amount of compensation for the specific additional services once the full
scope of work is known and execute an appropriate written amendment to this
agreement. The Consultant understands that in the event any additional
services are provided without an amendment to this agreement and the prior
approval of the City, the City shall not be under any obligation to reimburse
Consultant for such services.
XV. MiscellaneousConditions
(A)
(B)
This contract shall be governed by the Laws of the State of Florida.
Parties to the contract expressly agree and acknowledge that all documents,
data, maps and reports and any other material generated under the terms of
this contract, shall become the property of the City of Tamarac, more
specifically referenced in Exhibit "A" attached hereto.
(C) Subject contract between the City and Consultant shall supersede any and all
prior documents previously submitted to the City by the Consultant.
(D) In the event of litigation or claims arising out of this contract, prevailing
parties shall be entitled to reasonable attorney fees.
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XVI. Terms and Conditions
The contract contains all the terms and conditions agreed upon by the parties.
IN WITNESS ', the parties hereto have made and executed this contract this
*Zd"*,1989.
Witnesses:C FT
PfiorrJ "*,,wo4 orman , Mayor
J P. Kelly,Manager
ATTEST
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Carol Evans, City Clerk
Richard L. Doody, City Attorney
Witnesses
t-Jt-<-^--r--
Robert K Swarthout
ROB UT INC.
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EXIIIBIT ''A'
SCOPE OF SERVICES/SCHH)IJLE OF DTLMRABLES
Robert K. Swarthout, Incorporated (RKSI) will assist the City by preparing an interim
Level-of-Service Standards Code to meet State of Florida requirements by December 1, 1989
and a more refined and comprehensive Land Development Code within six months
thereafter. Mr. Robert K Swarthout will serve as principal liaison with the City and will
represent the firm at meetings with the City staff, Planning Board and elected officials.
Work will be divided into seven work steps. These work steps are described below.
I . Read-Tttrcugh of Key Comprehensive Plan and Existing Code fuvisions
Complete by October 13, 1989
Mr. Swarthout will conduct a read-through of key provisions of the Tamarac
Comprehensive Plan, pertinent existing land development regulations and land
development regulations which the City has already proposed to implement the
plan. The read-through will be conducted with the appropriate City personnel.
The purpose of the read-through is to identify and determine the best way to deal
with:
those sections of the code which will require amendment in order to
implement the plan;
those existing development regulations which are satisfactory and
should be retained without modification;
those existing development regulations which have caused problems in
the past and should be modified for improved regulatory impact and./or
clarity of language; and
those other development code regulations which should be changed or
added.
Particular emphasis will be placed on proposed changes to Chapters 6,7,20,24
(except traffic impact fees), and 28. Up to six working days will be allocated for
the read-through.
2, Prepare [rtenim Levelof-Senrice Standards Code to lVleet Statutory
Requirements for Fnactment by December 1, 1989.
Complete prior to December 1, 1989
An interim ordinance will be drafted setting forth standards and procedures for
reviewing development applications to ensure they comply with the level-of-
service requirements of the 1989 Tamarac Comprehensive Plan. The ordinance
will be developed based on: 1) the read-through described in Task 1 above, 2) a
review of proposed Broward County level-of-service compliance standards and
procedures, and 3) discussions with Tamarac officials concerning current
practices and desired policies. Other essential development code provisions
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needed to comply with statutory requirements will be considered for inclusion in
the interim ordinance. Among these other statutory requirements are the
regulatory specifications of 163.3202, FS, including:
subdivision regulations [subsection (2Xa)]
zoning provisions, including land and water regulations which ensure
the compatibility of adjacent uses and provide for open space in
conformance with the comprehensive plan [subsection (2)(b)]
wellfield protection regul ation s [subsection (2Xc)]
flood zone regulations [subsection (2Xd)]
drainage and stormwater management regulations lsubsection (2)(d)]
regulations for environmentally sensitive lands identified in the
comprehensive plan Isubsection (2Xe)]
signage regulations [subsection (2Xf)]
a concurrency management system with level-of-service (LOS)
regulations that condition development orders on the availability of
plan-specified levels-of-service [subsection (2)(g)]
on-site circulation of vehicles, including trafiic flow and parking
regulations Isubsection (2Xh)]
Adraft ordinance will be reviewed with the City staffand at a joint workshop with
the Planning and Zoning Board and the City Council. In addition, Mr.
Swarthout will attend one Planning Board hearing and two City Council
Hearings, The initial draft ordinance will be revised one time either preceding
or following the first City Council Public Hearing. The consultant will allocate
up to 80 hours of professional time to develop the ordinance, including the initial
draft, the revised draft and attendance at the workshop and hearings.
3. Pnepare First Draft of C;ompnehensive flevelopment Code Prcvisions
Complete by January 10, 1990
Mr. Swarthout will use the read-through and the interim level-of-service code as
the basis for drafting a comprehensive set of land development regulations in
conformance with the policies of the Tamarac Comprehensive Plan and other
regulatory objectives and policies of the City.
4. Read-Thrcugh of First l}laft of Comprehensive flwelopment Code with CiW Statr
Complete by January 20, 1990
Mr. Swarthout will conduct a complete read-through of the new and revised draft
regulations with appropriate City staff. Up to four working days will be allocated
for the read-through.
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5. Pnepare Second Draft of Conplehensive fbvelopment Code h.ovisions
Complete by March 1, 1990
Based upon feedback from the staff, Mr. Swarthout will prepare a second draft
which more effectively implements City policy as understood by City staff. This
second draft will be used for the public review process.
6. Conduct Citizen Participation Workshops and/or Public Hearings on
Coryrehensive Developnpnt Code
Occurs between March l and April 15, 1990
Mr. Swarthout will attend citizen participation workshops and public hearings
with the Planning Board and the City Council.
7 . Pnepare Finaf Ihaft of Comprehensive fbvelopment Code Pnovisions
Complete by April 15, 1990
Pursuant to the workshop and public hearing process, Mr. Swarthout will prepare
a final draft which implements the policy directives of the City Council. This
third draft will be rer.iewed with the staff and,/or the Council and revised as
necessary to ensure fulfillment of City policy objectives.
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