HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1801
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May 21, 1998 - Temp Reso #8265 1
Revision #1 - June 1, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO R-98-/,FQ
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING A THREE-YEAR CONTRACT
WITH THE COMMUNITY REDEVELOPMENT
ASSOCIATES OF FLORIDA, INC., TO
PROVIDE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM
ADMINISTRATION FOR THE CITY OF
TAMARAC; AUTHORIZING THE
APPROPRIATE CITY OFFICALS TO
EXECUTE THE INDEPENDENT
CONTRACTOR AGREEMENT BETWEEN THE
CITY OF TAMARAC AND COMMUNITY
REDEVELOPMENT ASSOCIATES OF
FLORIDA, INC. FOR SHIP PROGRAM
ADMINISTRATION SERVICES FOR SHIP
FISCAL YEARS 1998-1999, 1999-2000 AND
2000-2001 COMMENCING JULY 1 AND
TERMINATING JUNE 30 OF EACH FISCAL
YEAR PERIOD; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SERVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac wishes to maximize its grant funding opportunities;
WHEREAS, the City of Tamarac had submitted a State Housing Initiatives
Partnership (SHIP) Grant Application for housing assistance programs; and
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May 21, 1998 - Temp Reso #8265 2
Revision #1 - June 1, 1998
WHEREAS, the City has received approval of the SHIP Grant Application with an
initial annual grant allocation of $315,070 to provide such housing assistance programs as
defined in the City's Local Housing Assistance Plan; and
WHEREAS, the Local Housing Assistance Plan (LHAP) is required to cover a three-
year period for Florida's SHIP Fiscal Years 1998-1999, 1999-2000, and 2000-2001,
beginning July 1 and ending June 30 of each Fiscal Year period; and
WHEREAS, the SHIP Grant provides for a maximum of 10% percent of the City's
annual allocation to be expended for program administration; and
WHEREAS, the City does not have sufficient staff to fully administer the SHIP Grant
and the Community Redevelopment Associates of Florida, Inc., (CRA) does have the
capacity, experience, and technical knowledge to administer the City's SHIP Grant; and
WHEREAS, executing a three-year contract with CRA would be consistent with the
City's LHAP and the SHIP Fiscal Year periods and provide an efficient contractual period;
and
WHEREAS, it is the recommendation of the Director of Community Development
that the three-year contract be awarded to CRA; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve a contract
with the Community Redevelopment Associates of Florida, Inc., for SHIP Program
Administration.
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May 21, 1998 — Temp Reso #8265 3
Revision #1 — June 1, 1998
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 three-year contract with Community Redevelopment
Associates of Florida, Inc., for State Housing Initiatives Partnership (SHIP) Program
Administration is HEREBY APPROVED and that all appropriate officials are authorized to
execute the Agreement between the City of Tamarac and the Community Redevelopment
Associates of Florida, Inc. for SHIP Program Administration for Fiscal Years 1998-1999,
1999-2000, and 2000-2001, as attached hereto and incorporated herein as Exhibit "A".
SECTION 3: All resolutions or parts of resolution 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 application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
May 21, 1998 - Temp Reso #8265 4
Revision #1 - June 1, 1998
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adopted.
PASSED, ADOPTED AND APPROVED this /0 day of 9t'-rn:�.-
, 1998.
ATTEST:
� 9152-z���
CA OL G , CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
have proved this
RES�UTION as to form.
MITCHELL S. KI
CITY ATTORN
C/T Reso 8265 SHIP Contract Adm
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a2e 2 %.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR S- CHREIBER
DIST 1: COMM I�IcKAYE
DIST 2:jV/M� MIST KIN
DIST 3:OMM. SULTANOF
DIST 4: COMM. ROBERTS
AGREEMENT
THIS IS AN AGREEMENT dated the 10 day ur- of 7n1998
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
I�WdVk, MFQ&1&0AlaIV
WHEREAS, on 1998 the City Commission of the CITY
of Tamarac 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 RESP_ONSISIIIZIFa
1.1 Consultant agrees to perform the complete services of the
State Housing Initiatives Partnership (SHIP) program
administration for Fiscal Years (FY) 1998-1999, 1999-2000, and
2000-2001, as defined, and inclusive of all program requirements
as dgtinQd by th!�-. City's SHIP approved Grant Application and SHIP
statutory reaU rementa
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 of the
Agreement.
3.1 CONSULTANT shall perform the basic services as identified in
State's SHIP program between July 1, and JUNE_34_._ for fiscal
years stated in section 1.1.
3.2 Prior to beginning the performance of any services under this
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.
TEMP RESO #8265
Page -1-
EXHIBIT "A"
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 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 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 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.
ectiola 5. 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 allowed ftsat3atory _limit of _10% of the
agreedannual grant allocation. allowing for futUrg Chanaeg in -the -annual
statutory limit as to by the Cilan., Total compensation
shall be rendered for the successful completion of the services
and responsibilities, as described in section 1 and 3.1 of this
agreement.
5.2.1 CONSULTANT shall be entitled to invoice Bi-weekly or
monthly, identifying the total hours and job classifications of
persons performing the work.
5.2.2 CITY will make its best efforts to pay CONSULTANT within
thirty (30) calendar 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, Suite 2
Pembroke Pines, Florida 33026-2841
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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 $1.0,000.00 (whichever is lesser) maybe 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.
7.1 O!6lhip ofDocuments. Reports,
data provided in connection with this
remain the property of CITY whether or
they are made is completed.
surveys, studies and other
Agreement are and shall
not the project for which
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 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 Date of agreement shall commence on July 1, and
terminate on June 30, of SHIP program Fiscal Years ending 1999,
2000, and 2001. CONSULTANT agrees that it shall be subject to
review by the CITY of its performance under the Contract.
7.3 $egQrdg. 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.
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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.
7.4.1 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 of 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 oo/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 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
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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.
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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.
IM
C.
Bodily Injury
1. Each Occurrence $1,000,000
2. Annual Aggregate 1.,000,000
Property Damage
1. Each Occurrence 1,000,000
2. Annual Aggregate 1,000,000
Personal Injury
Annual Aggregate 1,000,000
Completed Operations
be maintained for two
payment.
and Products Liability shall
(2) years after the final
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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 This Agreement does not create an
employee/employer relationship between the parties. It is the
intent of the parties that the CONSULTANT is an independent
contractor under this Agreement and
all purposes, including but not lim
the Fair Labor Standards Act minimu
Federal Insurance Contribution Act,
Federal Unemployment Tax Act, the p
Revenue Code, the State Workers Com
unemployment insurance law. The CO.
absolute discretion in the judgment
carrying out CONSULTANT's activitie
hereunder. The CONSULTANT agrees t
independent enterprise from the Cit
opportunity to find other business,
investment in its business, and tha
of skill necessary to perform the w
be construed as creating any joint
between the CONSULTANT and the City
liable for any obligation incurred
not limited to unpaid minimum wages
not the city's employee for
Lted to, the application of
a wage and overtime payments,
the Social Security Act, the
-ovisions of the Internal
)ensation Act, and the State
1SULTANT shall retain sole and
of the manner and means of
> and responsibilities
iat it is a separate and
r, that it has full
that it has made its own
it will utilize a high level
)rk. This Agreement shall not
employment relationship
and the City will not be
)y CONSULTANT, including but
and/or overtime premiums.
7.7 Assignments; Amendments.
7.7.1 This Agreement, or any interest herein, shall not be
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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 SlIbconsultants. Subconsultants, if needed, will be
subject to the prior written approval of the CITY. �%
7.10 Representatives 0 CITY alICI 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 one (1) or
more employees to whom all communications pertaining to 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 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 shall
have the right to terminate the Agreement without liability at
its discretion, to deduct from the contract price, or otherwise
recover the full amount of such fee, commission, percentage, gift
or consideration.
7.12 SCE. 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
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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. 88th Avenue
Tamarac, F1 33321
Copy To: City Attorney
City of Tamarac
7525 N.W. 881h 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, Fl 33020
7.13 Each person signing this Agreement on.
behalf of either party individually warrants that he or she has
full legal power to execute this Agreement on behalf of 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.
7.14 Headinas. 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 01 Agreement. This Agreement represents the
1* entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations
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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:
City -Clerk, of Gold, CMC/AAE
CITY
BY:
mayor
Jo Schr
4eiberr
\ �
�' Clt� Manager
� 1-o}ert �S . Noe , Jr. .
CONSULTANT
BY:
SENIOR VICE PRESIDENTI,,,
An zebeokhai
Co Secretary "
EARLS JOHNSON
(SEAL)
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