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Home My WebLink AboutCity of Tamarac Resolution R-2004-162Temp Reso #10478 — June 15, 2004 Revision No. 1 — June 30, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- /�a: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD LOI 04-04L AND TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND ILER PLANNING GROUP, INC. FOR A SUM NOT TO EXCEED SEVENTY-FIVE THOUSAND . DOLLARS ($75,000.00) FOR THE TAMARAC 57T" STREET/MAIN STREET OVERLAY DISTRICT PROJECT (CASE NO. 13-MI-04); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac determined that it would be beneficial to solicit service proposals for the Tamarac 57"' Street/Main Street Overlay District project; and WHEREAS, the City of Tamarac Finance Department Purchasing Division solicited LOI 04-04L from qualified firms publicly advertised on October 26, 2003 and November 2, 2003 (attached hereto as Exhibit 1"); and WHEREAS, the following three (3) consulting firms responded to the City's Request for Letter of Interest (LOI) for services: Iler Planning Group, Inc. • Civic Design Associates • RMPK Group; and WHEREAS, an Evaluation and Selection Committee consisting of the Assistant City Temp Reso #10478 — June 15, 2004 Revision No. 1 — June 30, 2004 Page 2 Manager, Assistant Public Works Director and Economic Development Manager conducted an extensive evaluation of the proposal and short listed the following top ranked firms as shown on the Evaluation and Selection Committee's "57th Street/Main Street Overlay District Presentation Totals" (attached hereto as Exhibit "2"): • Iler Planning Group, Inc. • RMPK Group • Civic Design Associates; and WHEREAS, Iler Planning Group, Inc. scored highest on the basis of proven experience in preparing land development codes, design and performance standards, including the creation of overlay districts and the overall quality of its presentation; and WHEREAS, the Evaluation and Selection Committee after due consideration determined to enter into negotiations with Iler Planning Group, Inc., the top -ranked proposer, and provided notification of such (attached hereto as Exhibit "3" ); and WHEREAS, the Evaluation and Selection Committee negotiated an Agreement For Professional Services with Iler Planning Group, Inc. for a sum not to exceed Seventy -Five Thousand Dollars ($75,000.00) (attached hereto as Exhibit "4"); and WHEREAS, the Director of Community Development recommends that the appropriate City Officials be authorized to enter into an agreement with Iler Planning Group, Inc. to provide services for the Tamarac 57t" Street/Main Street Overlay District project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in Temp Reso #10478 — June 15, 2004 Revision No. 1 — June 30, 2004 Page 3 the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to award LOI 04-04L and to execute an Agreement between the City of Tamarac and Iler Planning Group, Inc. for a sum not to exceed Seventy -Five Thousand Dollars ($75,000.00) for the Tamarac 57t" Street/Main Street Overlay District project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and y T confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to award LOI 04-04L and execute an agreement between the City of Tamarac and Iler Planning Group, Inc. for a sum not to exceed Seventy -Five Thousand Dollars ($75,000.00), attached hereto as Exhibit "4". SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5 adoption. Temp Reso #10478 — June 15, 2004 Revision No. 1 — June 30, 2004 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of July, 2004. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S.IkRA CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res\10478reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF �. DIST 4: COMM. ROBERTS� 1 1 1 hXHIBIT " " Rl City of Tama, is a "Committed to Excellence —Always" TEMP R SO #1 478 C RI Purchasing and Contracts Division January 21, 2004 Henry B. Iler, AICP President Iler Planning Group 11211 Prosperity Farms Rd., Suite 205B Palm Beach Gardens, FL 33410 RE: LOI04-04L 571h Street / Main Street Overlay District Dear Mr. Iler: The City of Tamarac's Evaluation and Selection Committee for the above referenced project has completed the presentation evaluation portion of the process. After extensive consideration, the Committee has scored Iler Planning Group as the top - ranked Proposer, and recommends entering the negotiation phase of the process with your firm. In the event that no agreement can be reached between the City and Iler Planning Group, negotiations would begin with the second ranked firm. We will forward the City's Standard Consultant Agreement to you upon the successful completion of negotiations. A member of the City's negotiation team will be contacting you soon. If you have any questions, please feel free to contact me. Sincerely, James Nicotra, CPPB Senior Procurement Specialist C. Evaluation Committee 1 7525 NW 88th Avenue ■ Tamarac. Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamaroc.org Equal Opportunity Employer EXHIBIT 112" TEMP RESO #10478 1/21/2004 57TH ST/MAIN ST OVERLAY DISTRICT LOI 04-04L Presentation Totals Proposer's Name: ILER RMPK CIVIC DESIGN BACKGROUND, EDUCATION, EXPERIENCE (30 POINTS) Assistant PW Director 25 20 23 Economic Development Manager____. 25 25 16 Assistant to City Manager 25 25 25 AVAILABILITY, WORK LOAD, ABILITY (20 POINTS) Assistant PW Director 15 15 18 Economic Develo meat Manager 16 15 13 Assistant to City Manager 15 15 10 KNOWLEDGE AND APPROACH (20 POINTS) Assistant PW Director 15 12 18 Economic Development Manager 17 18 12 Assistant to City Manager 18 15 10 CONSULTANT TEAM WORK HISTORY (30 POINTS) Assistant PW Director 20 22 25 Economic Development manager 28 28 23 Assistant to City Manager 23 20 25 TOTAL POINTS Assistant PW Director 75 69 84 Economic Development Manager 86 86 64 Assistant to City Manager 81 75 70 TOTAL 1 242 1 230 1 218 TOTAL RANKING Assistant PW Director 2 3 1 Economic Development Manager 1 1 3 Assistant to City Manager 1 2 3 OVERALL RANK 1 2 3 Presentation Worksheet 01/16/2004 :1fy o,` T,�rn6l�C f*'I:+CP+��;+nq ,:U±r� `i]r+l+7: (SJi✓isivr; CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of , a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this , day of , 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. ....................... ........... ................ .............. 8of8 City of T.:am<a�ac Purchasing and Contiacts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing by and through its Mayor and City Manager, and , signing by and through its , duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date Company Name Signature of. Type/Print Name of Date 7 of 8 Ci!y It . ..... .....Putchasinq and Cont r'ocis Division CONSULTANT Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. 6ofa Caty of T anuwac Purchasing and Conhacts Division The Agreement may not be modified unless such modifications are evidenced in writing signed by both the CITY and CONSULTANT. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 17 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicitor secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANTS most favored customer for the same or substantially similar service. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 19 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the CITY upon completion for it's use and distribution as may be deemed appropriate by the CITY. ARTICLE 20 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall. be in writing and delivered in person or sent by certified mail, postage prepaid as follows: CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to the City Attorney at the same address. Sot& c ily OF Tarnaaa". Pulch,;asinq and con;;acts C!vs1ori ARTICLE 12 UNCONTROLLABLE FORCES Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming, party shall, within a reasonable time of being prevented or delayed from performance by an' uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County and the Agreement will be interpreted according to the laws of Florida. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and CONSULTANT as a complete and exclusive statement of the terms of the Agreement between the CITY and CONSULTANT. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONSULTANT pertaining to the Services, whether written or oral. ..... _._ 4 of City of Tamarac Pur'chasu,,q :;nCf Contracts Dralzlon The CITY must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. 3. Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 4. Professional Liability (Errors and Omissions) Insurance: $10,000,000 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured underthe Policy. Sixty-(60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that subconsultants used by the CONSULTANT do not have insurance, or do not meet the insurance limits, CONSULTANT shall indemnify and hold harmless the CITY for any claim in excess of the subconsultants' insurance coverage, arising out of negligent acts, errors or omissions of the subconsultants. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing access to all project sites, and providing information on hand that are available in the files of the CITY the exception of the City Attorney's files that are subject to confidentiality. ARTICLE 10 -TERMINATION OF AGREEMENT The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days' written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon written notice to CONSULTANT, and CONSULTANT shall terminate or suspend performance of Services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay CONSULTANT for all Services performed through the date of notice of termination or suspension. ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION CONSULTANT shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the CONSULTANT's performance of the Services to be proprietary unless such information is available from public. sources. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. City of ; ntrart;: p Pur_hx%-' ;; x7c; C;>nfr„i;t; C,*v; i(,;7 ___. ...._ _..... .. _...... .. _... ....... - ......._ of anyone for whose acts any of them may be liable in the performance of the WORK; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by CONSULTANT in the performance of the Work; or c). liens, claims or actions made by the CONSULTANT or any subconsultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the CITY to enforce this agreement shall be borne by the CONSULTANT. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reasons, the terms and conditions of this Article shall survive indefinitely. ARTICLE 6 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. CONSULTANT shall work closely with the CITY in performing Services under this Agreement. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Workers' Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subconsultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 2. Comprehensive General Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shalt be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2o,18 of Tamarac Rjrchasa;g and Conrrarts Diwsion AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this _ day of , 20 , by and between the City of Tamarac, a municipal corporation of the State of Florida with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321, hereinafter referred to as CITY, and hereinafter referred to as CONSULTANT: WHEREAS, the CITY intends to establish a Main Street Program along a portion of NW 57th Street; and, WHEREAS, the CITY requires certain professional services in connection with the establishment of the Main Street Program; and, WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be fora year period beginning ,200—. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The CONSULTANT shall perform the services in accordance with the provisions contained in Letter of Interest (L.O.I.) 04-04L as specifically stated in the Statement of Work and Deliverables, and as may be specifically designated and additionally authorized by the CITY. Such additional authorizations will be in the form of a Purchase Order. Each Purchase Order will set forth a specific Scope of Services, amount of compensation and completion date. ARTICLE 3 - COMPENSATION The CITY shall pay CONSULTANT in accordance with the provisions contained LOI 04-04L, as specifically stated in the , which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and CONSULTANT shall, at no additional cost to the CITY, re -perform services which fail to satisfy the foregoing standard of care. ARTICLES - INDEMNIFICATION CONSULTANT shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the CONSULTANT, any subconsultant, anyone directly or indirectly employed by any of them, _.....-.._.._.__ ...__.._..__ �i' b VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name r h.isuip & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: ivv ir►r-%r rVDLII., 0 IMI C Ur I-LUNIUH (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath o1 2'V'w Calusrvr A ;davit rr y of Tdr 1,)aic vrc .r �...._...._r .,^.._ . n _. ....._.. r-'zrrn,:;rr�� `-nn; r�rts�)rd�5i. NON -COLLUSIVE AFFIDAVIT State of ) )ss. County of ) says that: being first duly sworn, deposes and 24. He/she is the (Owner, Partner, Officer, Representative or Agent) of , the Offerorthat has submitted the attached Proposal; 25. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 26. Such Proposal is genuine and is not a collusive or sham Proposal; 27. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 28. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title Git� ;�f Tfrnarac x ;! q & .,onU'ac.ts iVlSTo CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20 (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 1 .c.rtr.rt a pos ......... t roan ay to` T,.arnarac e COMI X ,S 00 stun The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20_, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 5 J fE'�.d .. (�?flct li..n,i7r 51;a.Vl 1t?(li - .. .. I . . . ......... .... I ... ..... .... .. ....... .. . ... . .... . ... .... . .... . .. . .. .......... (e. I I I - -... .- .- .... ... ..... ...... 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address Telephone _ 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one?. ❑ YES ❑ NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 4 of 5 Cify of ''.rrtnyaC Pur--,hasinq u onhaCts Ownsion 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: of Orf,r,, r ti n 31atotmvit Gary of 1, arranx.. F'urchasina & C,'ontracf pivistan 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or. professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. rA E; 10 Have you personally inspected the site of the proposed work? ❑ YES ❑ NO Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO Did you attend the Pre -Proposal Conference if any such conference was held? YES ❑ NO City of Tamarac Ptn'chCcsirtq rr,ncr Cortlrlcts DiViSlDrt OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321 Check One Submitted By: Name: Address: City, State, Zip Telephone No. Fax No. ❑ Corporation ❑ Partnership ❑ Individual ❑ Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation:.__.___.__ _ b) State of Incorporation:—— c) President's name: _ d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident `f j.. `tr:iror C..;)hfic :)..... .. ttC+n S,:,terttc nl CIA- _ , _ _ . __ .. _ , I-- I - - - ....1. . --e - - - - - .. .... .... . . All insurance companies provided shall be rated at least A-VII per A.M. Best's Key Rating Guide; and licensed to do business in Florida. All policies provided shall be Occurrence, not Claims Made forms. The Consultant's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Consultant shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. GOVERNING LAW: Interested consultants will agree that contracts shall be governed by the laws of the state of Florida. Venue will be Broward County. Each firm is required to complete and submit the following forms, included herein: Offeror's Qualification Statement 2. Certified Resolution 3. Non -Collusive Affidavit 4. Drug Free Workplace Certification PUBLIC ENTITY CRIMES :A person or affiliate as defined in 287.133, Florida Statutes, who has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to the City of Tamarac, may not submit a bid on a contract with the City of Tamarac for the construction or repair of any public building or public Work, may not submit bids on leases of real property with the City of Tamarac, may not be awarded to perform Work as a contractor, Supplier, sub -contractor, or consultant under a contract with the City of Tamarac, and may not transact business with the City of Tamarac in an amount set forth in 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. In compliance with Florida State Statute Section 287.133(3)(a), Public Entity Crimes, the form incorporated into this bid package must be returned signed and notarized. X. SCHEDULE OF EVENTS The tentative schedule of events shall be as follows: Event Date (on or by) 1. Issuance of Request for Proposals October 27, 2003 2. Opening of Proposals November 26, 2003 3. Proposal Evaluations December 12, 2003. 4. Presentations December 18, 2003 The City reserves to right to delay or change scheduled dates. 9 VII. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Tamarac and the firm selected. The City of Tamarac reserves the right without prejudice to reject any or all proposals. Vill. QUESTIONS ABOUT THE LOI Questions regarding the project or the proposal process shall be directed in writing to James Nicotra, Senior Procurement Specialist, 7525 NW 88th Avenue, Tamarac, FL 33321 or by fax (954) 724-2408. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR LETTERS OF INTEREST MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. IX. INSURANCE REQUIREMENTS Consultant agrees that he or she will, in the performance of work and services under this Agreement, comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Consultant, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Consultant shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Consultant shall make this same requirement of any of its subcontractors. Consultant shall indemnify and save the City jharmless from any damage resulting to them for failure of either Consultant or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the terra of this contract: ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE $1,000,000/2,000, 000 Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. cf,1V q( T'i,'nara ' {�ii�i"lir. K7:��ICf Cuntiaa.` v:Vt5r,.)o . ... ... . .. .... .. I.... . .1... � .. - e I - .... . . V. SELECTION/NEGOTIATION PROCESS A Selection/Negotiation Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and negotiating a contract. Each firm should submit documents that provide evidence of capability to provide the services required for the committee's review for short -listing purposes. The short listed firms will be contacted via telephone and a follow-up letter to prepare for a presentation to the committee so that the highest ranked firm can be determined. The committee will then attempt to negotiate an agreement with that firm, which can be recommended to the Tamarac City Commission for award. NOTE: This Letter of Interest is a non -priced technical qualifications -based process. Pricing will be a factor during the contract negotiation phase off. VII. CRITERIA FOR SELECTION The City will assemble an evaluation and selection committee comprised of staff. This committee shall evaluate the proposals and recommend the top vendors for detailed presentations. The committee shall evaluate the proposals based on the following criteria: 1. Background, education and experience of the firms staff members who will be assigned to the project; Ability of the contractor to provide all of the expertise necessary to successfully complete the work. 30 points 2. Availability of the proposed staff members; Current size of and projected work load of contractors; Ability to provide onsite time for meetings, training and cooperative review of work products. 20 points 3. Knowledge of and approach to the proposed work; Ability to suggest and apply new technologies or approaches that may either: reduce the cost and time frame, or improve the quality of the work products. 20 points 4. Consultant team work history. MAXIMUM TECHNICAL POINTS 30 points 100 points These weighted criteria are provided to assist the Proposers in the allocation of their time and efforts during the submission process. The criterion also guides the Evaluation Committee during the short -listing and final ranking of Proposers by establishing a general framework for those deliberations. Short listed proposals will be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the CITY may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. Additional information may be required of the proposer during the review and selection process to clarify the Proposers presented information. a City rf Tirry ic... P r ch a i g and CpnhaCtb Drorsiarr III. PROPO AL REQUIREMENTS Proposers should submit seven (7) copies and respond to each of the following items as clearly as possible: 1. A brief but complete history of your company that includes any and recent Florida experience. rience. 2. Resumes of key personnel who will actually be assigned to the project and describing their role. Note: The City expects those listed to be those who will actually perform the work. No substitutions will be permitted except in the most dire conditions. 3. A list of at least three (3) similar projects performed during the last five (5) years, including the following information: a. Name of entity for which the work was performed; b. Brief description of the scope of the project; c. Initial estimate of the project cost (that is, the estimate prior to the bid); d. Amount of initial contract award; e. Total number and source of change orders to the contract; f. Total value of change orders for the project; g. Total value of the project; h. Name of contact person with the entity and current telephone number who can knowledgeably discuss your firm's role and performance in the project. Note: references and phone numbers that are out of date, missing, or not available may result in no or substantially reduced credit. 4. Provide financial statements for your company's past three (3) years of operation. Financials include 1. Balance Sheet 2. Income Statement (on the most current year). 5. Any other information the firm feels is relevant to evaluating the firm's qualifications. Resumes of key personnel who will actually be assigned to the project and describing their role. IV. SUBMISSION REQUIREMENTS Seven (7) copies of the submittals shall be mailed or hand delivered to: City of. Tamarac Purchasing Division 7525 N.W. 88th Ave. Tamarac, FL 33321 Attn: James Nicotra, Senior Procurement Specialist The outside of the envelope shall be clearly marked "Tamarac 57th Street/Main Street Overlay District". City o! llarn,,Ia : `�1+!!"Iici5il;? ana C%n ta.—!s Division • Special zoning and land development requirements as related to building setbacks and height, density, parking and parking alternatives, and permitted uses, giving consideration to how these requirements will be impacted by any necessary infrastructure modifications; • Building and parking lot design and orientation, including presentation of double frontage lots from N.W. 57th Street and Commercial Boulevard; • Site design and layout; • Use and connection of appropriate mass, scale and architecture to define Main Street character and sense of place; • Streetscape, including landscape and street themes, use of sidewalks for varying activities (outdoor cafes, sales, etc.), furniture, lighting and signage; • Landscape buffers; • Vehicular, pedestrian and bicycle circulation, including connections, pathways, cross access, transit accessibility and opportunities, ADA requirements, and traffic calming measures; and • Strategic placement of public and green spaces. SCHEDULE The development of an overlay district for the proposed Tamarac 57t" Street/Main Street is considered a high priority by the City Commission. The final overlay district needs to be presented to the City Commission by February, 2004 at the latest. The Consultant must provide the City with a schedule of completion providing assurances that the City's deadline can be met in a timely manner. DELIVERABLES The Consultant shall provide all materials, handouts, graphics, draft reports, etc. necessary to communicate the concepts and final recommendations to staff, the general public, and City Commission. Six (6) copies of the draft report and recommendations will be provided for staff review prior to presentation to the City Commission. Thirty (30) copies of the final report and recommendations will be provided including all graphics and maps that will be incorporated into the final report at maximum size of 11 x 17 inches. The Consultant will be responsible for presenting the final report to the City Commission. 11. QUALIFICATIONS OF PROPQSERS The consultant team shall have demonstrated experience preparing land development regulations, and design and performance standards, including preparation of regulations for main street developments and/or activity centers. City of I. STATEMENT OF THE WORK Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act) and Tamarac City Code, Section 6-151(2), Professional Services, the City of Tamarac seeks to identify firms with qualified experience preparing comprehensive design and performance standards, and guiding principles for new and existing Main Streets and activity centers. The scope of services consists of preparing an overlay district for a portion of N.W. 57`h Street, a two (2)-lane collector roadway in the City of Tamarac. The overlay district regulations should be prepared with the intent of providing criteria that will serve to put in place creative, yet feasible design and development standards that will encourage and demonstrate high quality urban form and development, assist in creating a unique area special character and appropriate scale, encourage economic investment, foster a sense of place, and promote social, cultural and economic activities to support this district. In February 2003, the City of Tamarac hired aconsulting firm to prepare a feasibility study to determine the appropriateness of establishing a Main Street or activity center along that portion of N.W. 57t Street lying west of University Drive and east of N.W. 94`h Avenue. The Tamarac City Commission has favorably received the feasibility study, and creation of a comprehensive overlay district for the subjedt area is the next step in the N.W. 57`h Street Main Street process. The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square miles and is located in central Broward County. The municipal limits stretch east to west from just west of Powerline Road near 1-95, to the Sawgrass Expressway, and generally north to south from Southgate Boulevard to Commercial Boulevard. The City's population estimate for 2003 is 56,881. With convenient access to the Florida Turnpike, Sawgrass Expresssway, and other major thoroughfares as Commercial Boulevard and University Drive, Tamarac has evolved from a retirement community into a place thriving with diversified economic, residential, and recreational activities and opportunities. Tamarac and Challenger Elementary Schools, and Millenium Middle School, all located in Tamarac, provide area children with educational opportunities. The Tamarac Community Center, the soon to open Tamarac Branch Library, a new !park and proposed park improvements and expansions, provide additional recreational, 'cultural and educational opportunities for Tamarac citizens. Along with the variety of businesses existing along its major thoroughfares, Tamarac is proud to be home to Westpoint Centre and Tamarac Commerce Park. This light industrial area lying directly east of the Sawgrass Expressway boasts such impressive businesses as Zephyrhills, Culligan, Fairbanks Dodge, Sonny's Enterprises and City Furniture. While nonresidential activities continue to increase along the major right-of-way corridors, the City of Tamarac was created with no definable downtown or central gathering place. In addition, the municipality limits provide a greater challenger in identifying the most appropriate siting of such a project. As the demographics change and median age of its residents decrease, Tamarac is continuing to accommodate the needs of all its residents and seek measures to improve an overall sense of community to the best extent possible. The following elements should be considered when creating design and performance standards for the proposed Main Street Overlay District: . ................. ...... of rq,�q Ext"tlt�l I I CMF Ht=SU #10478 City of Tamarac i a 1 oP0 "Committed to Purchasing and Contracts Division DATE: October 27, 2003 LOI NO. 04-04L REQUEST FOR LETTERS OF INTEREST ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Letters of Interest (L.O.I.) together with the Qualifications Statement and Proposal. Form included herein and any other information relative to the experience, expertise, or proficiency of the Proposer, at the office of the Purchasing and Contracts Manager, City Hall, 7525 NW 88 Avenue, Tamarac, Florida 33321, (954) 724-2450, for furnishing the services described below: TAMARAC 57T" STREET MAIN STREET OVERLAY DISTRICT The City is in the process of establishing a Main Street Program along a portion of N.W. 57th Street west of University Drive and east of N.W. 94th Avenue in Tamarac, and seeks to identify firms with proven experience preparing land development codes, design and performance standards, including creation of overlay districts, for various municipalities. The work surrounding creating a comprehensive overlay district for a proposed Main Street to be located along the portion of N.W. 57th Street generally located west of University Drive and east of N.W. 94th Avenue. L.O.I.'s must be received and time stamped by the Purchasing Division, either by mail or hand delivery, no later than 4:00 p.m. local time on November 26, 2003, Late submittals, additions or changes will not be accepted. CITY reserves the right to reject any or all L.O.I.'s, to waive any or all L.O.I.'s received, to re -advertise for L.O.I.'s, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the CITY. James Nicotra, CPPB Senior Procurement Specialist Publish: Sunday, 10/26/2003 and 11/02/2003 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamorcc.org Equal Opportunity Employer of Tamarac Purchasing & Contracts Division AGREEMENT FOR PROFESSIONAL SERVICES 200�THIS AGREEMENT made and entered into this 1� day of , by and between the City of Tamarac, a municipal corporabign of 6he State of Florida with principal offices located at 7525 NW 88t' Avenue, Tamarac FL 33321, hereinafter referred to as CITY, and Iler Planning Group, a Florida corporation with principal offices located at 11211 Prosperity Farms Road, Suite 205B, Palm Beach Gardens, FL 33410, hereinafter referred to as CONSULTANT: WHEREAS, the CITY intends to establish a Main Street Program along a portion of NW 57t' Street; and, WHEREAS, the CITY requires certain professional services in connection with the establishment of the Main Street Program; and, WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be upon date of execution by City. Each Task, as referenced in the Scope of Services and attached hereto as "Exhibit A", shall begin upon issuance of City's written Notice -to -Proceed and shall be completed according to the time schedule contained therein. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The CONSULTANT shall perform the services in accordance with the provisions contained in Request for Letters of Interest (L.O.I.) 04-04L as specifically stated in the Statement of Work and Deliverables and the Scope of Services, "Exhibit A", and as may be specifically designated and additionally authorized by the CITY. Such additional authorizations will be in the form of a Purchase Order, Each Purchase Order will set forth a specific Scope of Services, amount of compensation and completion date. ARTICLE 3 - COMPENSATION The CITY shall pay CONSULTANT an amount not to exceed Seventy-five Thousand Dollars ($75,000.00) for Tasks 1 f, according to the terms of the Scope of Services, "Exhibit A0, which is attached hereto and incorporated by reference as part of this Agreement. Any additional services requested by the City outside of the project scope will be invoiced on a time and materials basis pursuant to the labor rates referenced in "Exhibit A". ARTICLE 4 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and CONSULTANT shall, at no additional cost to the CITY, re -perform services which fail to satisfy the foregoing standard of care. 1 of.8 of Tamarac ARTICLE 5 - INDEMNIFICATION & Contracts Division CONSULTANT shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the CONSULTANT, any subconsultant, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the WORK; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by CONSULTANT in the performance of the Work; or c). liens, claims or actions made by the CONSULTANT or any subconsultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the CITY to enforce this agreement shall be borne by the CONSULTANT. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reasons, the terms and conditions of this Article shall survive indefinitely. ARTICLE 6 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. CONSULTANT shall work closely with the CITY in performing Services under this Agreement. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Workers' Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal 'laws. This coverage must extend to any subconsultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance 2of6 City of Tamarac & Contracts Division company. Thirty (30) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 2. Comprehensive General Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 3. Professional Liability (Errors and Omissions) Insurance: $1,000,000 The CITY must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that subconsultants used by the CONSULTANT do not have insurance, or do not meet the insurance limits, CONSULTANT shall indemnify and hold harmless the CITY for any claim in excess of the subconsultant's insurance coverage, arising out of negligent acts, errors or omissions of the subconsultants. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. ARTICLE 9 CITY'S RESPONSIBILITIES The CITY shall be responsible for providing access to all project sites, and providing information on hand that are available in the files of the CITY the exception of the City Attorney's files that are subject to confidentiality. ARTICLE 10 - TERMINATION OF AGREEMENT The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days' written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon written notice to CONSULTANT, and CONSULTANT shall terminate or suspend performance of Services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay CONSULTANT for all Services performed through the date of notice of termination or suspension. 3 of 8 City of Tamarac Purchasing & Contracts Division ARTICLE 11 -NONDISCLOSURE OF PROPRIETARY INFORMATION CONSULTANT shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the CONSULTANT's performance of the Services to be proprietary unless such information is available from public sources. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 - UNCONTROLLABLE FORCES Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County and the Agreement will be interpreted according to the laws of Florida. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a 4 of 8 of Tamarac & Contracts Division waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and CONSULTANT as a complete and exclusive statement of the terms of the Agreement between the CITY and CONSULTANT. This. Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONSULTANT pertaining to the Services, whether written or oral. The Agreement may not be modified unless such modifications are evidenced in writing signed by both the CITY and CONSULTANT. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 17 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a', bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANTS most favored customer for the same or substantially similar service. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 19 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the CITY upon completion for it's use and distribution as may be deemed appropriate by the CITY. 5of8 & Contracts Division City of Tamarac ARTICLE 20 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to the City Attorney at the same address. CONSULTANT Henry B. Iler, Principal Iler Planning Group 11211 Prosperity Farms Rd., Suite 205E Palm Beach Gardens, FL 33410 PH: 561-626-7067 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. 6of8 of Tamarac 0 Purchasing and Contracts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing by and through its Mayor and City Manager, and Iler Planning Group, signing by and through its President, duly authorized to execute same. C Y OFT MARAC (,foe Schreiber, Mayor Date ATTEST: 441'4Jeffre . Miff6r, City Manager Marion Swens n, CMC City Clerk Dat ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) 7! A Date ency: -Mitchell . Kra , City Attoti � l' ! Date Iler Planning Group Company Name 77 /5' "a� Signature of Pr sident Henry B. Iler Type/Print Name of President - %e" , U F Date 7of8 of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA -SS COUNTY 01`1�&,� and Contacts Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Henry B. Iler, President, of Iler Planning Group, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of �nA-e, 1,(e tk— , 204. Personally known to me or �=r Produced Identification Type of I.D. Produced [] DID take an oath, or ❑ DID NOT take an oath. 8of8 EXHIBIT "A" City of Tamarac Mainstreet Mixed Use District Prepared by: Iler Planning Group 5-28-04 Scope of Services Task 1: Kick-off Meeting and Stakeholder Walk-through Consultant team will gather all available information for the subject 57th Street study area. The prior 57th Street/Mainstreet Study and background data and analysis developed during that study will be obtained and utilized to the maximum extent possible. A kick-off meeting will be conducted with staff focusing on key issues, data collection, study area boundaries and project coordination procedures. In addition, a stakeholder (landowners/representative)walk-through session will be held on the same day to discuss development options. No graphic exhibits will be prepared for this task. Schedule: 15 days from Notice -To -Proceed (NTP). Estimated Cost: $3,500 Task 2: Draft Mixed Use District Outline Based on staff and stakeholder meetings, the consultant will prepare the draft Mixed Use District regulations in outline format addressing the issues below: * Special zoning and land development regulations; * Building and parking lot design and orientation; * Site design and layout; * Use and connection of, appropriate mass, scale and architecture; * Streetscape (private frontages); * Landscape buffers; * Vehicular, pedestrian and bicycle circulation; and * Strategic placement of public and green spaces. This task will include four (4) typical street cross -sections including building layout, and how they relate to the street, and address in general terms (ranges) mass, setbacks, entry features and height. The draft District outline will be submitted and presented to staff for review and comments. One (1) staff meeting will be held to discuss the draft regulations and obtain comments. Outside legal review of this work product is recommended. Work Product: Draft Mixed Use regulations outline. Schedule: 45 days from NTP. Estimated Cost: $35, 000 Task 3: Community Workshop Presentation Consultant will present the District outline at a community workshop and solicit input. Invitees shall include various City board and committee members, and stakeholders. The workshop will also be publicly noticed. Appropriate revisions to the outline criteria will be made following the workshop. Schedule: 60 days from NTP. Estimated Cost: $5, 000 Task 4: Final Mixed Use Ordinance Consultant will draft the final Mixed Use District (text and line illustrations) for the Mainstreet study area. The district regulations will be submitted to staff for review and comment. One (1) staff meeting be held to discuss the draft ordinance and obtain comments. It is understood by all parties that the initial mixed residential/commercial component of the proposed ordinance will be limited by the availability and applicability of "flex units" in the area and that any future mixed use development beyond that initial level will require a land use amendment which is outside the fee and timeframe of this scope. However, the amendment may be accomplished under a supplemental fee or time and materials basis if desired by the City. Outside legal review of this work product will be conducted and the legal subconsultant will also put the draft ordinance in a legal format compatible with the current City Code. Work Product: Final Mixed Use Ordinance. Schedule: 75 days from NTP. Estimated Cost: $23, 500 Task 5: Planning Board Review The final Mixed Use District will be presented to the City's Planning Board (1 meeting) for input and recommendation to the City Commission. Schedule: 90 days from NTP. Estimated Cost: $3, 500 2 Task 6: City Commission. Review and Adoption Final Mixed Use Ordinance will be presented to the City Commission for review and adoption (3 meetings). Schedule: I10 days from NTR Estimated Cost: $4, 500 Total Estimated Cost (Tasks 1-6): $75,000 City Responsibilities City staff is responsible for workshop public notice and provision of meeting space, as well as, legal notice requirements for the mixed use district ordinance. It is understood that expedious review of consultant work products (maximum 4 working days) is required in order to meet the proposed project schedule. City will provide all available data and mapping (hard and digital format) of the study area from the prior consultant project, as well as, any similar information prepared by City staff. In addition, City will provide contact information for all property owners in study area that have expressed an interest to develop in the past 2 years, and any existing and proposed development plans approved and/or submitted. Legal review of the ordinance will be funded separately by the City outside of the project fee. It is understood that the schedule provided above may be modified via mutual consent of the parties. Meetines and Reproduction The meetings and workshops included within the project fee are noted above; and additional meetings or workshops requested' by the City will be invoiced on a time and materials basis. Six (6) copies (hard and digital) of draft reports and ordinance, and thirty (30) copies (hard and digital) of the final ordinance are included within the project fee. Additional copies may be provided on time and materials basis. Invoicing and Payment Consultant will invoice the City following completion of each task with the exception of Task 2 whereby 50% and 100% completion of that task may be invoiced. Additional Services Any additional services requested by the City outside of the project scope will be invoiced on a time and materials basis pursuant to the labor rates (to be attached). 3 ILER PLANNING GROUP (1-1'-04) Firm Labor and Overhead Ratgs* Principal/Project Manager $175/hr. Principal Planner $110/11r. Senior Planner $95/hr. GIS Specialist $80/hr. Clerical/Adm. $55/hr, * Beginning on January 1, 2005, the hourly rates reported above may be increased by up to five percent (5%) per year. 4 Kimley-Horn and Associates, Inc. Hourly Rater Schedule* Principal............................................................................................................................ $185,00 ProjectManager................................................................................................................ $140.00 SeniorEngineer................................................................................................................. $120.00 SeniorPlanner.......................................................:........................................................... $115.00 Senior Landscape Architect.............................................................................................. $110.00 Senior Environmentalist.................................................................................................... $100.00 GISSpecialist.................................................................................................................... $100.00 ProjectEngineer................................................................................................................ $100.00 Analyst.............................................................................................................................. $90.00 ProjectPlanner.................................................................................................................. $90.00 LandscapeArchitect.......................................................................................................... $85.00 Environmentalist............................................................................................................... $80.00 Graphic Artist/CAD Technician........................................................................................ $80.00 Administrative Support ...................................... * Beginning on July 1, 2005, the hourly rates reported above may be increased by up to five percent (5%) per year on July I" of each year.