HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2601
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Temp. Reso. #5567
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89-.2{eO
A RESOLUTION AUTHORlZING THE APPROPRIATE ClTY
OFFICIALS TO EXECUTE AN AGREEMENT WITH SIEMON,
LARSEN TL PURDY, TO IJPDATE THE CITY'S TRAFFIC
IMPACT ORDINANCE (CHAPTERS 24-45 THROUGH 24_54 OF
THE CITY CODE) ' AND PROVIDING AN EFFECTIVE
DATE
BE 1T RSSOLVED BY T}{E COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Siemon, Larsen
& Purdy, to update the Cityr s Traffic Impact Ordinance
(Chapters 24-45 through 24-54 of the City Code), a copy of
said Agreement being attached hereto as "Exhibit 1".
SECTION 2z This Resolution shall become effective upon
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adoption. fu
PASSED, ADoPTED AND APPROVED this,zzS day of /"ffu-,"1989.
ATTEST:
CA L A. EVANS
CITY CLERK
I HEREBY CERTIFY thaL I have
approved this RESOLUTION asto form.
R
CITY A
NORMAN ABRAMOWITZ
MAYOR
RECORD U, w./ur'{ClL VOTE
MAYOR
DISTRICT 1:
, DISTRICT 2:
DISTRICI3:
DISTRIGT 4:BE
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a
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CONTRACT FOR PROFESSIONAL SERYICES
*_,
THIS CONTRACT made and entered into thisSlT day ot (nffiq a-. ,
1989, by and between the City of Tamarac, Florida ("City") and Siemon, I-arsen & Purdy,
Mizner Administration Building, 2 East Camino Real, Boca Raton, Florida 33432
("Consultants").
WITNESSETH:
WHEREAS, the City desires to employ the Consultant to perform the
professional services set out in this Contract;
WHEREAS, the principals of the Consultant firm are professionally
competent and capable of performing the services described herein, and Consultant
certifies that it has employed or will employ a sufficient number of staff to complete the
work under its supervision;
NOW THEREFORE, in consideration of the foregoing premises and the
mutual covenants and conditions contained herein, the City and Consultant mutually agree
as follows:
I.
EMPLOYMENT OF CONSULTANT
The City does hereby employ Consultant and the Consultant does hereby
accept employment in accordance with the covenants and conditions contained herein.
II.
SCOPE OF CONSULTANT SERYICES
Consultant agrees to provide professional services in accordance with the
following terms and conditions:
2.1. General.
Consultant shall be responsible for the completeness and accuracy of all
services rendered, and the correction of all significant errors of omission on any drawings,
@NTRACT FOR PROFESSIONAL SERVI(ES
SIEMON, IARSETI & PURDY - GTY OF TAMARAC PAGE 1
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illustrations, text, or other documents required by this Contract to be provided by the
Consultant, notwithstanding prior approval by the City. This provision shall not apply to
any maps, official records, contracts, or other data that may be provided by the City or
other public or semi-public agencies which the Consultant should reasonably expect to be
accurate and which the Consultant could not be reasonably expected to know to be
inaccurate.
2.2. Scope of Work.
C.onsultant agrees to render professional services for the update of the City's
Traffic Impact Ordinance in accordance with the provisions of the Scope of Work attached
hereto and incorporated herein as Exhibit A.
2.3. Work Schedule.
Consultant shall commence work immediately upon approval of this contract
and shall perform the work according to directions of the City.
2.4. Subcontractors. Consultant may employ such subcontractors as are appropriate
to complete the work program set forth in Exhibit A hereto. Such employment and the
scope of such services for such subcontractors shall be approved by the City.
Compensation for such subcontractors shall be determined and approved by the City by
formal written amendment to this contract and shall not exceed the amount specified in
Section 3.LA hereof.
2.5. Prciect Managers.
The Project Manager for the Consultant shall be Charles L. Siemon and the
Project Manager for the City shall be the City Manager or his designated representative.
CONTRACT FlcR PROFESSIONAL SERVI(ES
SIEMON, IARSEII & PI'NDY - (xTY OF TAMARAC PIfiE2
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III.
PAYMENT FOR SERVICES
3.1 Payment for Services.
A Total Pavmenl
In consideration of Consultant's performance of the services described in
paragraph 2.2 hereof, the City agrees to pay the Consultant a sum not to exceed
$??. The Consultant will bill only for reasonable expenses incurred in
such services and for time actually expended at the following rates up to the
contract amount:
Charles L. Siemon
Wendy U. I:rsen
Michelle J. Zimet
Ire D. Einsweiler
B. Partial Payment.
The City will make payments to the Consultant on a monthly basis for
services rendered. The Consultant will present an invoice to the City on a monthly basis
for the payment currently due. This invoice will be accompanied by a description of the
services rendered during the month. The City shall make every effort to provide payment
within fifteen (15) days after the invoice has been approved by the City.
C. Additional Services.
Consultant agrees to provide additional services to the City, not provided for
in the Scope of Work, upon formal written amendment to this contract. Payment for
$
$
$
$
125
725
85
50
@NIR.ACT FOR PROFESSIONAL SERVIGS
SIEMON, IARSm{ & PLTRDY - CXTY OF TAMARAC PIIGE 3
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such additional services will be at the rates set forth in Section 3.1A hereof, plus
reasonable expenses.
3.2 Accountinq and Records.
Records of the Consultant's direct personnel payroll and reimbursable
expenses pertaining to this project and records of accounts between the City and
Consultant shall be kept on a generally recognized accounting basis and shall be available
to the City or to an authorized representative for audit during normal business hours.
rv.
MISCELLANEOUS
4.L Non-discrimination
Consultant agrees that he will not discriminate against any of his employees
or applicants for employment because of their race, color, religion, sex, or national origin,
and to abide by all Federal, State and local laws regarding non-discrimination. Any
violation of such provisions shall constitute a material breach of this agreement.
4.2 Arbitration of Disputes
Any dispute arising under this contract in regard to the application of this
contract to performance of the obligations and agreements of this contract which is not
settled by the Consultant and the City in ten (10) days shall be decided by an arbitration
board composed of a representative of the Consultant, a representative of the City, and
@NTRACT FOR PROFESSIONAL SMVICES
SIil,ION, IARSEN & PITRDY - GTY OF TAMARAC PAGE 4
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a representative mutually acceptable to the Consultant and the City. The Consultant shall
continue to render all services requested in this contract without interruption,
notrvithstanding the provisions of this section.
43 Indemnification
Consultant does hereby covenant and agree to indemni$ and hold harmless
the City, indMdually and collectively, from all fines, suits, claims, demands, actions, costs,
obligations, attorney's fees, or liability of any kind arising out of the negligent actions of
the Consultant and does hereby agree to and does assume all the risk in the operation of
his business hereunder and shall be solely responsible and answerable for any and all
accidents or injuries to persons or property arising out of his performance of this contract.
4.4 Ownership of Documents
All documents including, but not limited to, tracings, drawings, illustrations,
estimates, field notes, investigations, design analysis, studies, and other data or documents
which are obtained or prepared in the performance of this agreement, are to be and will
remain the property of the City and are to be delivered to the same before the final
payment is made to the Consultant. The Consultant may retain reproducibles and prepare
copies of any of these documents provided the copies are produced at the Consultant's
own expense.
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SIIXI{ON, IARSE{ & PIJRDY - GTY OF TAMARAC PAGE 5
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4.5 Assisnment of Contract
This agreement shall not be assignable in whole or in part without the written
consent of the parties hereto, and it shall extend to and be binding upon the heirs,
administrators, executors and assigns of the parties hereto.
4.6 Anti-kickback
Consultant warrants that no person has been employed or retained to solicit
or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the City Council has any interest,
financially or otherwise, in the Consultant's firm or his subcontractors. For breach or
violation of this warranty, the City Council shall have the right to annul this contract
without liability or, in its discretion, to deduct from the contract price or consideration, the
full amount of such commission, percentage, brokerage, or contingent fee.
v.
CURTAILMENT AND TERMINATION
5.1 Modification of Project.
Additions to, modifications of, or deletions from the Scope of Work outlined
in Exhibit A may be made by the City and the compensation to be paid to the Consultant
may be adjusted accordingly by execution of a formal written amendment to this contract.
Change orders will not be effective until approved by the City Council. It is understood
and agreed that no claim for extra work done or materials furnished by the Consultant will
@NTRACT FOR PROFESSIONAL SERVIGS
SIEMON, IARSMI & PTIRDY - GTY OF TAMARAC PAGE 6
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be allowed by the City except as provided herein, nor shall the Consultant do any work
or furnish any materials not covered by this Contract unless such work is first authorized
in writing by a change order or by a supplemental contract.
5.2 Curtailment or Termination of Services.
The City and the Consultant hereby agree to the full performance of the
covenants contained herein. The City reserves the right, at its discretion, to terminate or
curtail the services provided pursuant to this Contract for misfeasance, malfeasance or
nonperformance of the Contract by the Consultant, or for any other reason which the City,
in its discretion, deems to be a legitimate basis for the termination or curtailment of the
Contract.
A. Discontinuance of work uoon Termination.
In the event the City shall terminate or curtail the services or any part of the
services of the Contract herein provided, the City shall notiff the Consultant in writing and
the Consultant shall discontinue the work under this Contract upon receipt of such notice.
B. Disposition of Work Products upon Termination.
Upon such termination, the Consultant shall deliver to the City all drawings,
illustrations, text, data and other documents entirely or partially completed, together with
all material supplied by the City.
C. Preparation of Work Product Appraisal upon Termination.
Upon termination, the Consultant shall appraise the work it has completed
and submit its appraisal to the City for evaluation.
CONTRACT FOR i ISSIONAL SERVIGS
SIEMON, IARSEI{ LIRDY - OTY OF TA}IARAC PIfiE7
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D. Consultant Compensation upon Termination.
The Consultant shall receive its compensation in full for services performed
to the date of such termination or curtailment. The City shall make this final payment
within sixty (60) days after the Consultant has delivered the last of the partially completed
documents together with any records that may be required to determine the amount due,
unless either party has served the other with a written request to arbitrate a dispute.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
date first above written.
SIEMON,SEN & PURDY
By'lo tq
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SIEIION, IARSEN & PI]RDY _ 6TY OF TAMARAC PAGE 8
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City of Tamarac
Transportation Impact Fee Update
SCOPE OF SERVICES
PHASE 1
Task 1.Consultant will review the City's existing traffic impact fee ordinance, the
background data report supporting the existing ordinance, the City's
comprehensive plan and the Broward County impact fee program.
Task 2.Consultant will meet with the City's professional staff to discuss City concerns
about the ordinance and to discuss the consultant's preliminary assessment
of the situation.
Task 3.Consultant will prepare a written report presenting the Consultant's analysis
and recommendations in regard to program modifications, if any.
Task 4.Consultant will present the results of its work to staff and other public
officials as the City directs.
PIIASE 2
If and when directed to do so by the City, Consultant will prepare the necessary
instruments to implement the recommendations contained in the Phase 1 written report.
Exhibit A