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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-181June 28, 1999 - Temp. Reso. #8654 1 Revision No. 1 - July 6, 1999 Revision No. 2 - July 8, 1999 Revision No. 3 - July 12, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- 1 g'% A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD A CONTRACT FOR CONSULTING SERVICES TO COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC. (CRA), THE SUCCESSFUL BIDDER TO LOI- 98-L-04, FOR PREPARATION OF A CONSOLIDATED PLAN, A REQUIRED INCLUSION TO THE CITY'S UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, AND AN APPROVED ELEMENT OF LOI-98-L-04; CASE NO. 8-MI-99; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is proactive in its efforts to maximize the use of grants and funding sources to accomplish its established goals and objectives; and WHEREAS, the City of Tamarac has published its Request for Letter of Interest, LOI-98-L-04, for Community Development Block Grant (CDBG) Program Management and Administrative Support on October 23, 1997 (attached hereto as Attachment "2"); and WHEREAS, the Community Redevelopment Associates of Florida, Inc. (CRA) was the successful bidder for LOI-98-L-04 for Community Development Block Grant (CDBG) Program Management and Administrative Support; and June 28, 1999 - Temp. Reso. #8654 2 Revision No. 1 - July 6, 1999 Revision No. 2 - July 8, 1999 Revision No. 3 - July 12, 1999 WHEREAS, the Scope of Work (contained in Attachment "2") included the analysis and process required for the City of Tamarac to become a direct entitlement city for the United States Department of Housing (HUD) and Urban Development's Community Development Block Grant Program; and WHEREAS, the City of Tamarac adopted Resolution R-99-136 on May 26, 1999 to Opt -Out of Broward County's Urban County Agreement and make preparations to submit an application to HUD for direct entitlement of Community Development Block Grant (CDBG) Program funds; and WHEREAS, a HUD Application for Direct Entitlement requires the inclusion of a Comprehensive Consolidated Plan detailing the City's needs and the eligible programs meeting national objectives the City will submit for HUD approval as the City's CDBG Program; and WHEREAS, the Scope of Work contained in LOI-98-L-04 required a separate contract for preparation of application to HUD to become a direct entitlement City; and WHEREAS, the contract for the Community Redevelopment Associates of Florida, Inc. (CRA) to prepare the City's Consolidated Plan is attached hereto as Attachment "'I"; and WHEREAS, the projected $60,000.00 cost to prepare the Consolidated Plan is a reimbursable expense to the City's CDBG Program which will be reimbursed during the City's first program year's allocation of October 2000; and 1 11 and June 28, 1999 - Temp. Reso. #8654 3 Revision No. 1 - July 6, 1999 Revision No. 2 - July 8, 1999 Revision No. 3 - July 12, 1999 WHEREAS, the City has appropriated funds for this purpose in Fiscal Year 1999; WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to award a contract for consulting services to Community Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-L-04, for preparation of a Consolidated Plan, a required inclusion to the City's United States Department of Housing and Urban Development (HUD) Community Development Block Grant Application. 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 confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials award a contract for consulting services to Community Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-L-04, for preparation of a Consolidated Plan, a required 1 1 Li June 28, 1999 - Temp. Reso. #8654 4 Revision No. 1 - July 6, 1999 Revision No. 2 - July 8, 1999 Revision No. 3 - July 12, 1999 inclusion to the City's United States Department of Housing and Urban Development (HUD) Community Development Block Grant Application, and an approved element of 1-0I- 98-L-04. SECTION 3: The award of the Contract (attached hereto as Attachment 1 ") to the Community Redevelopment Associates of Florida, Inc. is HEREBY APPROVED and all appropriate officials are authorized to execute the Contract between the parties. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 SECTION 6: passage and adoption. June 28, 1999 - Temp. Reso. #8654 5 Revision No. 1 - July 6, 1999 Revision No. 2 - July 8, 1999 Revision No. 3 - July 12, 1999 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: CAROL GOL , CMC/AAE CITY CLERK II EBY CERTIFY that I ave ap roved this RES TION as-t4 fo4. MITCHELL 5�-K CITY ATTORN commdev\u:\pats\use rd ata\wpd ata\res\8654reso %q day of , 1999. DIST 1: DIET 2: DIST 3: DIST 4: JOE SCHREIBER MAYOR Temp Reson8076 1 Revision No. 1 - January 20, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO R-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA. AWARDING A CONTRACT FOR CONSULTING SERVICES TO COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC. AS SUCCESSFUL BIDDERS OF LOI-98-L-04; CASE NO. 1-MI-98: PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE . WHEREAS, the City of Tamarac is proactive in its efforts to maximize the use of grants and funding sources to accomplish its established goals and cbjectives: and WHEREAS, the City of Tamarac had published its Request fcr Letter cf Interest. LOI-98-L-04, for Community Development Block Grant (CDBG; Pmgra—,- `.'a,7n1 eMen- a:,c Administrative Support on October 23, 1997; and WHEREAS, funding is available in the General Fund for said w :rccs=s: and WHEREAS, bids were evaluated by the Evaluation Com,,,;- ee. 'ased cn knowledge, experience, and responsiveness, which resulted in the fcilo,.vinc scc,res: aria Community Redevelopment Associates of Florida. Inc. ; - 32 Craig Smith & Associates 30. Florida Planning Group, Inc. TEMP RESO #8654 ATTACHMENT 2 Temp Resof 8076 2 Revision No. 1 — January 20, 1998 is WHEREAS, the most responsive and responsible bid was received from the Community Redevelopment Associates of Florida, Inc.; and WHEREAS, a list of projects, identified as Exhibit A, and a corresponding contract. identified as Exhibit D, details the work product desired and their costs; and WHEREAS, it was the unanimous decision of the Evaluation Committee, comprised of the Community Development Director, the Code Enforcement Manager, the Planning and Zoning Manager, the Investment Analyst, the Parks and Recreation Director. and the Public Works Director, to select the Community Redevelopment Associates of Florida. Inc. as the most responsive firm, and; WHEREAS, it is the recommendation of the Director of Community Development that the contract, based on LOI# 98-L-04, be awarded to Community Redeveiopment Associates of Florida, Inc.: and WHEREAS, the City Commission of the City of Tamarac. Ficrida 4e4errs it to ce in the best interests of the citizens and residents of the City of Tamarac maxim;jze its potential for receipt of grants and funds to accomplish its goals and priorities fcr the citizens of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CCP IMISU:CNJ CF 7HE C] CITY OF TAMARAC, FLORIDA: SECTION 1 The foregoing 'WHEREAS" clauses are r.erecy ratifiea ang • confirmed as being true and correct and are hereby made a soec.fic ;art c':;.;s Resc;ut,on. Temp Reso#8076 3 Revision No. 1 - January 20, 1993 SECTION 2: That the City accepts Exhibit A, entitled "Scope of Projects" and Exhibit B, entitled "Fee Schedule"; and Exhibit C, entitled "Report and Analysis with Attachments 1, 2, and 3". SECTION 3: That the award of the contract, Exhibit D, to the Community Redevelopment Associates of Florida, Inc. is HEREBY APPROVED and that ail appropriate officials are authorized to execute the contract between the parties. • SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or applicaticn of `his Resolution is held by any court of competent jurisdiction to be unconstituionai or ;nvaiid. in part or application, it shall not affect the validity of the remaining portions cr appiications of this Resolution. rI .qFr.Ttnm F passage and adoption. Temp Reso#8076 4 Revision No. 1 - January 20, 1998 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA MARCURIO ASSISTANT CITY CLERK I HEREBY CERTIFY that I have�pproved this RESOLUTION as to form. r MITCHELL S. KRAF CITY ATTORNEY C/reso8076cracdbg A $ day of , 1998, OE SCHREIBER MAYOR MAYOR ECO HREEIBER OF MMISSi �JtVCTE DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST3: COMM. SULT,-;:t-. /1J DIST 4: COMM ROBE:=77 / C.` 11 0 SCOPE OF WORK PROJECT A CDBG APPLICATION FOR PLANNING & ENGINEERING SENIOR CENTER INVOLVES: EVALUATING EXISTING DOCUMENTS AND INTERVIEWING -;,PPROPRIATE DEPARTMENTS FOR INFU T ON THE LOCATION AND CONSTRUCTION OF A SENIOR CENTER. PRELIMINARY DETERMINATION OF THE FACILITY AND PARCEL SIZE REQUIRED, SITE SELECTION AND RECOMMENDATION, CONSTRUCTION COST ESTIMATES, IDENTIFY CDBG FUNDING SOURCES, AND IDENTIFYING OTHER FUNDING SOURCES. PREPARING THE NECESSARY APPLICATION FOR PLANNING & ENGINEERING NECESSARY FOR A SENIOR CENTER IN THE CITY. PROVIDE NECESSARY MANAGEMENT OF THE GRANT APPLICATION THROUGH TO ITS SUBMITTAL TO BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION FOR CONSIDERATION. MANAGEMENT OF THE FUNDED GRANT PROJECT THROUGH COMPLETION ITS' COMPLETION WOULD REQUIRE A SEPARATE CONTRACT BETWEEN THE CONSULTANT AND THE CITY BASED ON SCHEDULE OF FEES SUBMITTED AND ACCEPTED. ANY ADDITIONAL FUNDING SOURCE GRANT APPLICATIONS, .JOULD REQUIRE A SEPARATE CONTRACT BETWEEN THE CONSULTANT AND THE CITY ONCE THE SCOPE OF THE APPLICATION IS KNOWN. PROJECT B CDBG APPLICATION FOR CONSTRUCTION AND REDEVELCPMENT CAPORELLA PARK INVOLVES: PREPARING A CDBG APPLICATION FOR CONS TI RUCTION COSTS ASSOCIATED WITH IMPROVEMENTS TO CAPORELLA PARK. A NEIGHBORHOOD PARK. IMPROVEMENTS INCLUDE AMENITIES OF SAND VOLLEYBALL, FITNESS TRAIL, REST ROOMS, SHELTERS. BASKETBALL COURTS, SMALL BUILDING, PLAYGROUND WITH SURFACE AND A NEW BRIDGE. ESTIMATES OF AMENITITES ARE $295,000. CONSTRUCTION OF A NEW PARKING LOT, RIGHT HAND TURN LANE. IRRIGATION. LANDSCAPING, FENCE, AND LIGHTING HAVE BEEN ESTIMATED AT $220,000. THE ANALYSIS OF THE REDEVELOPMENT SHOULD INCLUDE'.1E_=7NG WITH APPROPRIATE DEPARTMENTS FOR INPUT AND REVIE''-ING EXISTING CITY DOCUMENTS TO PREPARE BEST APPROACH =0R CDBG APPLICATION AND ADDITIONAL FUNDING SOURCES. PROVIDE NECESSARY MANAGEMENT OF THE GRANT APPLICATION TROUGH I T S EXHIBIT A SUBMITTAL TO BROWARD COUNTY'S COMMUNITY DEVELOPMENT DIVISION. MANAGEMENT OF THE FUNDED GRANT PROJECT THROUGH COMPLETION ITS' COMPLETION WOULD REQUIRE A SEPARATE CONTRACT BETWEEN THE CONSULTANT AND THE CITY BASED ON SCHEDULE OF FEES SUBMITTED AND ACCEPTED ANY ADDITIONAL FUNDING SOURCE APPLICATIONS WOULD REQUIRE A SEPARATE CONTRACT EXECUTED BETWEEN THE CONSULTANT AND THE CITY ONCE SCOPE OF APPLICATION IS DETERMINED. PROJECT C ANALYSIS AND REPORT CITY'S BENEFIT TO BECOME AN H.U.D. ENTITLEMENT CITY AND A RECIPIENT OF THE STATE'S S.H.I.P. PROGRAM FUNDS. INVOLVES: AN ANALYSIS OF THE CITY'S PRESENT POSITION IN ITS AGREEMENT WITH BROWARD COUNTY AND THE CITY'S POTENTIAL TO BECOME A H.U.D. ENTITLEMENT CITY TO RECEIVE AND UTILIZE HUD FUNDING. THE APPROPRIATE USES OF HUD FUNDS, ITS BENEFITS AND KNOWN DRAWBACKS. THE IDENTIFICATION OF DOCUMENTS AND APPLICATIONS NECESSARY TO PURSUE ENTITLEMENT STATUS AND PREPARATIONS NEEDED TO BECOME A H.U.D. RECEIPIENT. IDENTIFICATION OF PROGRAM ADMINISTRATION ALTERNATIVES AND THE BENEFITS AND DRAWBACKS ASSOCIATED WITH EACH ALTERNATIVE. A COMPLETE TIMELINE OF NECESSARY PREPARATION AND STEPS FROM THE INTEREST TO BECOME AN ENTITLEMENT CITY THROUGH ITS COMPLETION WITH RECEIPT AND USE OF ENT17-E-MENT MONIES. AN ANALYSIS OF THE STATE OF FLORIDA'S STATE HOUSING 1NCENTIVES- PROGRAM, (S.H.I.P.) AND ITS REQUIRMENTS, BENEFITS AND DRAWBACKS FOR THE CITY TO BECOME A DIRECT RECIPIENT OF STATE FUNDS. A DESCRIPTION OF THE PROGRAM APPLICATIONS AND HOW THEY WOULD BENEFIT THE CITY AND ITS RESIDENTS. A DETAILED TIME LINE OF THE S.H.I.P. PROGRAM APPLICATION PROCESS THROUGH TO RECEIPT AND USE OF FUNDS. IDENTIFICATION OF ALL KNOI.VN DOCUMENTS AND PROCESSES NECESSARY TO PARTICIPATE ;N THE SHIP PROGRAM. THE EXECUTION OF SUGGESTED ANALYSIS OF H.U.D. ENTI T Lc'"ENT CITY APPLICATION OR THE STATE'S S.H.I.P. PROGRAM APPL !CATION WILL REQUIRE SEPARATE CONTRACTS BETWEEN THE CONSULTANT AND THE CITY. w 2 Community Redevelopment Associates of Fidiida, Inc. Urban Affairs Consuiranrs Lic. Real ,Estate Brokers Health Care Government/Legislation • Finance • Campaign Logistics • Real Estate December 22, 1997 Ms- Cindy Diemer, Code Enforcement Manager City of Tamarac 7525 NW 88' Avenue Tamarac, Florida 33321-2401 Dear Cindy: As per our telephone conversation last weep enclosed are copies of the scope of senices, and a draft copy of the contract to be reviewed by your City Attorney.- • ' Exhibit "A" of the contract details the scope of services, and the corresponding attachments. The "Analysis and Report on the City's Entitlement Status" (Part "C") on your scope of services, we have done at no cost to the City. Should you have any questions, please do not hesitate to contact me. Sincer y, And Azebeokhai Senior Vice President Enclosures m4cO"4-w1ec cmd=M&%pd L` Respond to., © 10221 Taft Street • Suite 2 - Pembroke Pines. FL 33026-2841 * Broward: 431-7866 • FAX Broµarc: 431-6882 0 108 So. Monroe, Ste. 203 • Tallahassee. FL 32301 • (90-4) 222-9599 - FAX: (904) 222-8923 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A" SCOPE OF SERVICES Generalized urban affairs consultation. .�.,..._ — - -- 1. Grant Application for Broward County for Community Development Block Grant (CDBG) funding. (See Attachment 1.) Project A: Senior Center: Planning & Engineering Project B: Caporeila Park Construction & Redevelopment Total cost for both applications: $12,300.00 APPROVED DECLINED 2. Analysis and Report on Entitlement Status. (See Exhibit C) Total cost: No charge. 3. State Housing Initiative Grant (SHIP) application Preparation to State of Florida for entitlement status and direct funding. (See Attachment 2) Total Cost: $15,000 APPROVED , DECLINED 4. Community Development Block Grant (CDBG) Application to Housing and Urban Development (HUD) for entitlement status and direct funding. (See Attachment 3) Total Cost: To be negotiated. • 0 PROEESSIOUL SERVICES AGREEMEET EXHIBIT Irgu FEE SCHEDULE —0-escri2tion Rate Review Supervisor . . . . . . . . . . . . . . $ 125.00 per hour Project Supervisor . . . . . . . . . . . . . $ 95.00 per hour Project Coordinators)/Associate(s) . $50.00 to 75.00 per hour Research Assistants . . . . . . . . . $25.00 to 40.00 per hour Administrative Assistant/Clerical . . . . . . $ 9.50 per hour Data Processing (Input/Analysis) . . . . . . $ 8.50 per hour Travel (local) . . . . . . . . . . . . . . . $ 0.275 per mile Travel (per diem) . . . . . . . . . . . . . . $ 95.00 per day • Transportation•Cost(air fare/carrental/etc.) . . . Actual Cost Other(i.e. postage, photocopying, telephone, etc.) . . . . . . . . . . . . . . . . . . . . . . Actual Cast L� EXHIBIT B C. (See Attachments Z & 3) • introduction According to the most recent population estimates from the U.S. Census Bureau, the cf Tamarac's population is greater than 50,000. This creates new opportunities for the City of Tamarac. The City now has the opportunity to opt -out of Broward County's urban county program and initiate its own State and Federal community development programs. At this point, the City would not be able to draw its own Federal funds until the Fall of 1999. However, if the appropriate steps are taken quickly, the City could be drawing State funds by July 1, 1998. what does it mean to opt -out? The inter -local agreement is a program through which cities in Broward County agree to be under both the Community Development and Housing Finance Departments of Broward County. The County uses each City's population and needs to get CDBG funds from the US Department of Housing and Urban Development (HUD) and SHIP funds from the State of Florida. In turn, the County creates the programs and coordinates all of the administrative requirements. The opt -out process takes place . when a city decides to no longer participate in the inter -local agreement with Broward County and becomes and entitlement city. Presently, the City of Tamarac receives its funds (CDBG and SHIP) through Broward County. As an entitlement community, the City of Tamarac would draw its CDBG funds directly from the US Department of Housing and Urban Development and its SHIP funds directly from the Florida Housing Finance Corporation. what are the advantages of opting out? Opting out has several advantages. • Additional funds Over the last couple of years, no CDBG or SHIP funds have peen expended in the City of Tamarac. However, on the other side, take the City of Pembroke Pines as an example. Pembroke Pines is demogragnicaily very simiiar to Tamarac. the City of Pembroke Pines opted out of the inter-iccai agreement and initiated their own CDBG and SHIP programs in 1994. CRA5 c \-Ddocs+tmrccobg.wpd EXHIBIT C • Since opting out, the city of Pembroke Pines has received: • • $ ,006,065.00 in SHIP funds • 1 584 000.00 in CDBG funds • —A total of 2 590,065.00 in State and FMderai dollars There is no way of knowing how much funding the City of Tamarac would actually get until it opts out. However, Tamarac would get at least $400.000.00 annually from the CDBG program and L300,000.00 annually from the SHIP Program. • More Community Control / Responsiveness to Local Need Presently, the City's community development fate is in the hands of Broward County. The County of course meets all of the appropriate public hearing and notification requirements. However, no matter how many public hearings the County holds, there is no way that they would be able to determine the community development needs of Tamarac better than Tamarac itself. If Tamarac became an entitlement community, all public hearings would be held at Tamarac City Hall. The City would be able to appoint its own Citizen's Advisory Committee. the City commission and staff would have direct control over the path of the City's community development program. what are the disadvantages of opting out? The City would take on additional administrative responsibilities. including: • Consolidated Planning • Local Housing Assistance Plans • Annual Action Plans • Public Hearings • Environmental Review and Labor Standards Requirements However, all of these reports and documentation requirements are cesignea ;c yive t!'e City more community control. CRAS c �wpooc&gmrccgbg.wpq c 0 'O c`u a m • � ro � ro r w m � ar a� LL. c m _ U U E o U o O m Z ca. � O E � N U ca >. U7 u c acm (D o N E U T .- o d j o a` U c cc: m c M i :0 ? �' -� y ci c Ecm 0 ?t I c v U o m o o a, c E o U v N cm U c U 6 a) U U p ,c c 3 o - cl) ram^ ¢ c U E -0 o � ¢- O ,� t v� — �' ¢ - r I 0 C] ATTACHMENT 1 • c c LL 1- CD O r i- Ea) m .� C7 U a o .V C Q Ci GJ '� aE 0 U U O O c ,.J O I • cv I I I co � N fQ C -0 0 •� CL I • fII I I � � I I I I A c co I I I I I ?+ Q m c a� c v, 0 _ O .0 � G � 00� 0 o a) L CD � N co 2 U 0 c o 0 cn �, , d "'' Q E V O O) ? • 5 0 c 0- � w 0 c 0 `- a _ p G Q f a 'OQ ¢ c T¢ 0 0 � O ' ' U c C° cm C a TO M ,0 C �- Q) p U E N _ 0 C cm ai 3 C 0 CL v7 U7 c co LL a) c ° E O U 0 m ro c cm O O a ac° U) � n C Q a Q' 0 0 V) a_ 2, 0 -0 co Z; 0 Q 0 ¢ ¢ CL = E 0 cn > Q Q o) v, c a 77 '0 a c ! f O 1 Lu T2 r= cv CD 0 ^L.. W l J `J i I •3=m mm sm J m m r r w - w w r ATTACHMENT 3 EXHIBIT D AGREEMENT THIS IS AN AGREEMENT, dated the 28 day of January, 1998 between: THE CITY OF TAMARAC, a municipal corporation, hereinafter referred to as "CITY," and COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC., a Florida Corporation, hereinafter referred to as "CONSULTANT." W I T N E S S E T H: WHEREAS, on January, 1998 the City Commission of CITY authorized the CITY Manager to negotiate and execute this Agreement for the services more particularly described herein; In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: Section 1. SERVICES AND RESPONSIBILITIES • 1.1 BASIC SERVICES. CONSULTANT agrees to perform the basic services described in Exhibit "A" attached hereto and by this reference made a part hereof. Section 2. CONSULTANT REPRESENTATION OF EXPERTISE CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONSULTANT, that CONSULTANT has professional expertise, experience and manpower to perfo..:., ::e services to be provided by CONSULTANT pursuant to the terr:s of" the Agreement. Section 3. TIME FOR PERFORMANCE 3.1 CONSULTANT shall perform the basic services as identified in Exhibit "A", and attachment 1, between January 15, 1998 and April 10, 1998. 3.2 Prior to beginning the performance of any services Winder his Agreement, CONSULTANT must receive a written Notice to Proceed. from CITY. Minor adjustments to the timetable for ccmpleticn approved by CITY in advance, .in writing, will not const_t:te nonperformance by CONSULTANT per this Agreement. • Revised: 12/31/97 Page -1- Additional services requested by CITY, or changes in scope, will be reviewed and any impact on the schedule determined and the 16 schedule modified accordingly. Section 4. DELAY IN PERFORMANCE 4.1 Liquidated Damages for Delay, 4.1.1 Consultant shall notify the City promptly of any expected delay in performance of services. However, the Consultant shall not be liable for delays in performance beyond its reasonable control. CITY shall be en-itled to retain the sum of Fifty Dollars ($50.00) for each day, or part thereof, that the work remains uncompleted beyond the agreed to time for performance as described in Section 3.1. It is recognized and agreed those damages in such event are difficult of ascertainment, though great and irreparable, and that this agreement with respect to liquidated damages shall in no event disentitle CITY to injunctive relief, and this sum is not construed as a penalty. 4.1.2 Anything to the contrary notwitstanding minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay in CONSULTANT for which liquidated damages are due. Furthermore, a delay due to the Act of God, fire lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONSULTANT shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONSULTANT for which liquidated damages are due. Section 5. COMPENSATION AND METHOD OF PAIMENT 5.1 CITY agrees to compensate CONSULTANT for all services performed by CONSULTANT pursuant to the provisions Of �nis Agreement, based on the hourly rate schec -Ie set forte. n 7xh4bit "B" FEE SCHEDULE attached hereto and made a part hereof. �otal compensation for services rendered shall not exceed $12,300.00 5.2 Method of Billing and Payment. 5.2.1 CONSULTANT shall be entitled to .invoice month v, identifying the total hours and job classifications of zerscns performing the work. 5.2.2 CITY will make its best efforts -o pay CONSi.;I-_ANT w ,�:hin thirty (30) days of receipt of proper `nncice the ..o:al . hcwn be due on such invoice. 5.2.3 Payment will be made to CONSliLw-."NT at: COMMUNITY REDEVELOPMENT ASSOCI:.TFS OF FLCRI2A, 10221 Taft Street - 2 Pembroke Pines, Florida 33026-_7241 Page -2- • Section 6. CHANGES IN SCOPE OF WORK CITY or CONSULTANT may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code or Ordinances of the CITY and must be contained in a written amendment, executed by the parties thereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will the CONSULTANT be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. Notwithstanding the above paragraph, Change Orders which individually or when cumulatively added to amounts authorized, pursuant to prior Change Orders for this project, increase the cost of the work to the City not in excess of the ten percent (10%) or $10,000.00 (whichever is lesser) may be approved by signed approval of the City Manager of the City of TAMARAC. No claim against City for extra work in furtherance of such change order shall be allowed unless prior approval has been obtained. Section 7. MISCELLANEOUS 7.1 Ownership of Documents. Reports, surveys, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. 7.2 Term and Termination. 7.2.1 This Agreement may be terminated by either tart_, for cause, or by the CITY for convenience, upon thirty (30) days written notice by the CITY to CONSULTANT in which evert the CONSULTANT shall be paid its compensation for services cerfor::ned to termination date. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, he shall be responsible to the CITY against any loss pertaining to this termination. All finished or unfinished documents, data, studies, surveys and reports prepared by CONSULTANT shall become the Property of CITY and shall be delivered by CONSULTANT to CITY within ten (10) business days of termination of agreement. 7.2.2 This Agreement shall commence on the date o_ execution by CITY and shall end April 10, 1998. CONSULTANT agrees that shall be subject to review by the CITY of its perfc=ance nder the Contract. • 7.3 Records. CONSULTANT shall keep such records and accounts and require any and all subconsultants to keep records and accounts as may be necessary in order to record comolere and correct entries as to personnel hours charged to this engagement. Page -3- and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 7.4 Indemnification. 7.4.1 CONSULTANT shall indemnify and save harmless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of this contract, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the services performed by the CONSULTANT pursuant to this Agreement. 7.4.2 CONSULTANT shall indemnify CITY for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement of any patent, trademark, copyright, trade secret or other proprietary right relating to services • furnished pursuant to this Contract. CONSULTANT will defend and/or settle at its own expense any action brought against the CITY to the extent that it is based on a claim that products or services furnished to CITY by CONSULTANT pursuant to this Contract, or if any portion of the services or goods related to the performance of this service becomes unusable as a result of any such infringement or claim. 7.4.3 The parties recognize that various provisions cf this Agreement, including but not necessarily limited to this Section, provide for indemnification by the CONSULTANT and that Florida Statutes ss725.06 requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of to specifications with respect to the services to be provided by CONSULTANT. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term and survi•. e the term of this Agreement and continue to full force and e-feet as tz the party's responsibility to indemnify. 7.5 Insurance 7.5.1 The CONSULTANT shall not commence work under this • contract until he has obtained all insurance required -nder this Page -4- paragraph and such insurance has been approved by the Risk Manager of the City nor shall the CONSULTANT allow any Subcontractor to commence work on his sub -contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.5.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The City shall be named as an additional insured on all insurance policies. 7.5.3 Policyholders and Financial Ratings must be no less than "A" and Class X respectively in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. 7.5.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the City. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this • contract, then in that event, the CONSULTANT shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CONSULTANT sh411 not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 7.5.5 REQUIRED INSURANCE 7.5.5.1 COMPREHENSIVE GENERAL LIABILITY insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: A. Bodily injury 1. Each occurrence $1,000,000 2. Annual Aggregate 1,000,000 B. Property Damage 1. Each Occurrence 1,000,000 2. Annual Aggregate 1,000,:00 C. Personal Injury Annual Aggregate 1,000,�00 D. Completed operations and Products Liabi'_- shall be maintained for two (2) years after -he izal payment. Page -5- E. Property Damage Liability Insurance shall include Coverage for the following hazards: K - explosion, C - Collapse, U - underground. 7.5.5.2 WORKERS COMPENSATION insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, if required, and in the case any work is sublet, the CONSULTANT shall require the Subcontractors similarly to provide Workers Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the CONSULTANT. The CONSULTANT and his subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $500,000 per occurrence The CONSULTANT shall hold the City of TAMARAC, Florida, their agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this contract and name the City as an additional insured under their policy. The City reserves the right to require any other insurance . coverage it deems necessary depending upon the exposures. 7.6 Indeapendent Contractor. This Agreement does not create an emRloyee/employer relationship between the parties. It is the intent of the parties that the CONSULTANT is an independent contractor under this Agreement and not the citv's emnlcvee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime navments, Federal Insurance Contribution Act, the Social Security 1_ct, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The CONSULTANT shall retain sole and absolute discretion in the judgment of the manner and -eans of carrying out CONSULTANT's activities and responsibilities hereunder. The CONSULTANT agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its cwn investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONSULTANT and the City and the City will nct he liable for any obligation incurred by CONSULTANT, incl�hi:g but not limited to unpaid minimum wages and/or overtime =remi=s- r� Page -6- 0 7.7 Assignments, Amendments. 7.7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONSULTANT, without the prior written consent of CITY. However, this Agreement shall run to the CITY and its successors and assigns. 7.7.2 It is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.8 Personnel. The parties acknowledge that the CONSULTANT has identified by position in the professional association, by services to be performed, by personnel classification, by qualification or any combination of same, certain key personnel to perform certain portions of the services related to the project and that CITY has relied on such identifications in selecting the CONSULTANT to perform the services described herein. CONSULTANT agrees that it shall submit to CITY in writing any proposed change, replacement or removal of such persons from the project or from the services they have been identified to perform for approval by the CITY. . 7.9 Subconsultants. Subconsultants, if needed, will be subject to the prior written approval of the CITY. .7 7.10 Representatives of, CITY and CONSULTANT. . (a) It is recognized that in the day-to-day conduct of the project questions will arise. Therefore, upon written request of either party each party shall designate in writing of cne (1) or more employees to whom all communications pertaining -�:o the dav- to-day conduct of the project will be addressed. 7.11 No Contingent Fees. CONSULTANT warrants that it ^as 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 consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY sham have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or ctherwise recover the full amount of such fee, commission, percentage, .lift or consideration. Page -7- 7.12 NOTICE. whenever any party desires to give notice unto any other party, it must be given by written notice, sent by - registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONSULTANT and the CITY designate the following as the respective place for giving of notice: City: City Manager City of Tamarac 7525 N.W. 88`� Avenue Tamarac, F1 33321 Copy To: City Attorney City of Tamarac 7525 N.W. 88" Avenue Tamarac, F1 33321 Consultant: COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA INC. 10221 Taft Street, Suite - 2 Pembroke Pines, Florida 33026-2841 Copy To: Kaplan Jaffe and Gates, PA • 2435 Hollywood Blvd. Hollywood, F1 33020 7.13 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he cr she has full legal power to execute this Agreement cn behalf c- -he party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.14 Headings. Hearings hereon are for convenience cf reference only and shall not be considered on any interpretation of this Agreement. 7.15 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as cart of this Agreement and are incorporated herein by reference. 7.16 Severability. If any provision of this Agreement c_ application thereof to any person or situati= shall tc any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons cr situations other than those as to which it shall have _een held invalid or unenforceable shall not be affected thereby, and snail • continue in full force and effect, and be enforced `_o she fullest extent permitted by law. Page -8- 7.17 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward'County, Florida. 7.18 Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, with written or oral. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Patricia Marcurio, CMC Assistant City Clerk AP7OrEt AS FORW. Mi chel S. Kraft C TY ATTORNEY • CITY BY: d2=-� or �rAiI- City Manager )- Robert S. Noe, :r. !ANT _ 17 / / , SE IO VICE PRESID�NT Andre ebeok ai Co Secretar'� EARLY .710?. S CN (SEAL', Page -9- . AGREEMENT BETWEEN THE CITY OF TAMARAC &I N COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC. me THIS IS AN AGREEMENT, dated theday of July, 1999 between: THE CITY OF TAMARAC, a municipal corporation, hereinafter referred to as CITY, and COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC., a Florida Corporation, hereinafter referred to as CONSULTANT. W I T N E S S E T H: WHEREAS, on of July, 1999 the City Commission of CITY authorized the CITY Manager to negotiate and execute this 18 Agreement for the services more particularly described herein; In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: Section 1. SERVICES AND RESPONSIBILITIES 1.1 BASIC SERVICES. CONSULTANT agrees to perform to basic services described in Exhibit A attached hereto and uy this reference made a part hereof. Section 2. CONSULTANT REPRESENTATION OF EXPERTISE CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONSULTANT, that CONSULTANT has the professional expertise, experience and manpower to perform the services to be provided by CONSULTANT pursuant to the terms cf the Agreement. Section 3. TIME FOR PERFORMANCE 3.1 CONSULTANT shall perform the basic services as 'dent-=ied in Exhibit A, upon adoption of Temp Reso tt8654 with comnl eticn by August 15, 2000. 1 TEMP RESO #8654 ATTACHMENT 1 3.2 Prior to beginning the performance of any services under this 0 Agreement, CONSULTANT must receive a written Notice to Proceed from CITY. Minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute nonperformance by CONSULTANT per this Agreement. Additional services requested by CITY, or changes in scope, will be reviewed and any impact on the schedule determined and the schedule modified accordingly. Section 4. DELAY IN PERFORMANCE 4.1 Liquidated Damages for Delay, 4.1.1 Consultant shall notify the City promptly of any expected delay in performance of services. However, the Consultant shall not be liable for delays in performance beyond its reasonable control. CITY shall be entitled to retain the sum of Fifty Dollars ($50.00) for each day, or part thereof, that the work remains uncompleted beyond the agreed to time for performance as described in Section 3.1. It is reccgnized and agreed those damages in such event are difficult of ascertainment, though great and irreparable, and that this agreement with respect to liquidated damages shall in no event disentitle CITY to injunctive relief, and this sum is not • construed as a penalty. 4.1.2 Anything to the contrary notwithstanding minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay in CONSULTANT for which liquidated damages are due. Furthermore, a delay due to the Act of God, fire lockout, strike or labor disnuze, rice cr civil commotion, act of public enemy or other cause ceyc�d the control of CONSULTANT shall extend this Agreement for a period equal to such delay and during this period such delay :hail .-:ot constitute a delay by CONSULTANT for which liquidated damages are due. Section S. COMPENSATION AND METHOD OF PAYMENT 5.1 CITY agrees to compensate CONSULTANT for all services performed by CONSULTANT pursuant to the provisions of this Agreement, based on the hourly rate schedule set forth in Exhibit "B" FEE SCHEDULE attached hereto and made a part :--ereof. Total compensation for services rendered shall not exceed $60,000.00 5.2 Method of Billing and Payment. 5.2.1 CONSULTANT shall be entitled to invoiceorthly, identifying the total hours and job classificaticns zz ^ersons performing the work. TEMP RESO #8654 ATTACHMENT 1 5.2.2 CITY will make its best efforts to pay CONSULTANT within thirty (30) days of receipt of proper invoice the total shown to be due on such invoice. 5.2.3 Payment will be made to CONSULTANT at: COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC. 10221 Taft Street Pembroke Pines, Florida 33026-2841. Section 6. CHANGES IN SCOPE OF WORK CITY or CONSULTANT may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code or Ordinances of the CITY and must be contained in a written amendment, executed by the parties thereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will the CONSULTANT be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. • Notwithstanding the above paragraph, Change Orders which individually or when cumulatively added to amounts authorized, pursuant to prior Change Orders for this project, increase the cost of the work to the City not in excess of the ten percent (10%) or $10,000.00 (whichever is lesser) may be approved by signed approval of the City Manager of the City of TAMA.RAC. No claim against City for extra work in furtherance of such change order shall be allowed unless prior approval has heen obtained. Section 7. MISCELLANEOUS 7.1 Ownership of Documents. Reports, surveys, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. 7.2 Term and Termination. 7.2.1 This Agreement may be terminated by either party for cause, or by the CITY for convenience, upon thirty (30) days written notice by the CITY to CONSULTANT in which event the CONSULTANT shall be paid its compensation for services performed to termination date. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, he shall be responsible to the CITY against any loss pertaining to this termination. All finished or unfinished documents, data, studies, surveys and reports prepared by CONSULTANT shall beccme 3 TEMP RESO #8654 ATTACHMENT 1 the property of CITY and shall be delivered by CONSULTANT to CITY within ten (10) business days of termination of agreement. 0 7.2.2 This Agreement shall commence on the date of execution by CITY and shall end Aucrust 15 2000. CONSULTANT agrees that it shall be subject to review by the CITY of its performance under the Contract. 7.3 Records. CONSULTANT shall keep such records and accounts and require any and all subconsultants to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of ail work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 7.4 Indemnification. 7.4.1 CONSULTANT shall indemnify and save harmless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or is of action of whatsoever kind or nature arising out of this contract, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the services performed by the CONSULTANT pursuant to this Agreement. 7.4.2 CONSULTANT shall indemnify CITY for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any i„fringement or claim of infringement of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. -CONSULTANT will defend and/or settle at its own expense any action brought against the CITY to the extent that it is based on a claim that products or services furnished to CITY by CONSULTANT pursuant to this Contract, or if any portion of the services or goods related to the performance of this service becomes unusable as a result of any such infringement or claim. 7.4.3 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Sect_cn, provide for indemnification by the CONSULTANT and that = lori da Statutes 725.06 requires a specific consideration be given therefor. The parties therefore agree that the sum ct: Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such _.demnities, 4 TEMP RESO #8654 ATTACHMENT 1 and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONSULTANT. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term and survive the term of this Agreement and continue to full force and effect as to the party's responsibility to indemnify. 7.5 Insurance 7.5.1 The CONSULTANT shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the City nor shall the CONSULTANT allow any Subcontractor to commence work on his sub -contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.5.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at Least thirty days (30) prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The City shall be named as an additional insured on all insurance policies. 7.5.3 Policyholders and Financial Ratings must be no less than "A" and Class X respectively in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. 7.5.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the City. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONSULTANT shall furnish, at Least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CONSULTANT shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 7.5.5 REQUIRED INSURANCE 7.5.5.1 COMPREHENSIVE GENERAL LIABILITY insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, 0 products/completed operations, and certain contracus. S TEMP RESO #8654 ATTACHMENT 1 Coverage must be written on an occurrence basis, with the following limits of liability: A. Bodily Injury 1. Each Occurrence $1,000,000 2. Annual Aggregate 1,000,000 B. Property Damage 1. Each Occurrence 1,000,000 2. Annual Aggregate 1,000,000 C. Personal Injury Annual Aggregate 1,000,000 D. Completed Operations and Products Liability shall be maintained for two (2) years after the final payment. E. Property Damage Liability Insurance shall include Coverage for the following hazards: X - explosion, C - Collapse, U - underground. 7.5.5.2 WORKERS COMPENSATION insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, if required, and in the case any work is sublet, the CONSULTANT shall require the Subcontractors similarly to provide Workers Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the CONSULTANT. The CONSULTANT and his subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $500,000 per occurrence The CONSULTANT shall hold the City of TAMARAC, Florida, their agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this contract and name the City as an additional insured under their policy. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 7.6 Independent Contractor. This Agreement does not create an employee/employer relationship between 7e parties. It is the intent of the parties that the CONSULTANT is an independent contractor under this Agreement and not the city's employee for all purposes, including but not limited to, the application of the Fair Labor Standards 6 TEMP RESO #8654 ATTACHMENT 1 • �J Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of she Internal Revenue Code, the State Workers Compensatica Act, and the State unemployment insurance law. The CONSULTANT shall retain sole and absolute discretion _n the judgment of the manner and means of carrying ouz CONSULTANT's activities and responsibilities hereunder_ The CONSULTANT agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform :he work. This Agreement shall not be construed as creating any joint employment relationship between the CONSULTANT and the City and the City will not be liable for any obligation incurred by CONSULTANT, including but not limited to unpaid minimum wages and/or overtime premiums. 7.7 Assignments; Amendments. 7.7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONSULTANT, without the prior written consent of CITY. However, this Agreement shall run to the CITY and izs successors and assigns. 7.7.2 It is further agreed that no modification, amendme= c_ alteration in the terms or conditions contained here shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.8 Personnel. The parties acknowledge that the CCNSULTA!�-T has identified by position in the professional association, by services to be performed, by personnel classification, by qualification or any combination of same, certain key personnel to perform certain portions of the services related to the project and that CITY has relied on such identifications in selecting the CONSULTANT to perform the services described herein. CONSULTANT agrees that it shall submit to CITY in writing any proposed change, replacement or removal of such persons from the project or from the services they have been identified to perform for approval by the CITY. 7.9 Subconsultants. Subconsultants, if needed, will be subject to the prior written approval of the CITY. 7.10 Representatives of CITY and CONSULTANT. (a) It is recognized that in the day-to-day conduct of =e project questions will arise. Therefore, upon written request o_ 7 TEMP RESO #8654 ATTACHMENT 1 either party each party shall designate in writing of cne (1) or more employees to whom all communications pertaining tc the day- to-day conduct of the project will be addressed. 7.11 No Contingent Fees. 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 scliz:it or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, ether than a bona fide employee working solely for consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or ctherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.12 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent �.y registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been charged by written notice in compliance with the provisions of this section. For the present, the CONSULTANT and the CITY designate the following as the respective place for giving of notice: City: City Manager City of Tamarac 7525 N.W. 88`h Avenue Tamarac, F1 33321 Copy To: City Attorney City of Tamarac 7525 N.W. 88`h Avenue Tamarac, F1 33321 Consultant: COMMUNITY REDEVELOPMENT ASSOCIATES OF F-CRIDA INC. 10221 Taft Street, Suite - 2 Pembroke Pines, Florida 33026-2841 Copy To: Atlas, Perlman, Trop & Borkson 200 E. Las Olas Blvd., Suite 1900 Fort Lauderdale, F1 33301 Attn: Alan 2aseman 7.13 Binding Authority. Each person signing this Agree-ent cn behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 8 TEMP RE50 #8654 ATTACHMENT 1 7.14 Headings. Hearings hereon are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.15 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 7.16 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.17 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 7.18 Extent of Acrreement. This Agreement represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, with written or oral. 9 TEMP RESO #8654 ATTACHMENT 1 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Carol Gold, MC/AAE City Clerk DATE: `% .17 - � 9 CITY BY: e Schreiber, Mayor sn� . ��C � Robert S. Noe, Jr., City Manager APTI ED AS TO FORM D LEGAL CONSULTANT SIIFF IENCY �^ BY: Mitc ell S. Ki t SENIOR VICE PRESIDENT City Attorney Andrew A. Azebeokhai C rate Sec:' arly Johnson (SEAL) • IN TEMP RESO #8654 ATTACHMENT 1