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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-317a September 28, 1998 - Temp. Reso. #8405 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-317 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD THE REQUEST FOR LETTERS OF INTEREST (LOI) #98-L-32 AND EXECUTE AN AGREEMENT TO HBI PLANNING SERVICES, INC. TO PROVIDE DEVELOPMENT OF URBAN DESIGN GUIDELINES FOR TAMARAC COMMERCE PARK FOR A COST NOT TO EXCEED TWENTY-FOUR THOUSAND EIGHT -HUNDRED AND NINETY DOLLARS (24,890); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 promote economic development; and WHEREAS, the Tamarac Commerce Park is strategically located to attract significant business and commerce; and WHEREAS, the development of urban design guidelines for the Tamarac Commerce Park will ensure quality development while promoting economic development; and WHEREAS, the City of Tamarac has determined that the development of urban design guidelines for the Tamarac Commerce Park is consistent with the goals, objections September 28, 1998 - Temp. Reso. #8405 2 and policies of the Tamarac Commerce Park; and WHEREAS, the City of Tamarac published LOI #98-L-32 for development of Urban Design Guidelines for Tamarac Commerce Park on July 26, 1998 and August 8, 1998; and WHEREAS, two (2) proposals were submitted and reviewed by an evaluation committee who determined that HBI Planning Services, Inc. was the most responsible and responsive proposer; and WHEREAS, the City of Tamarac has negotiated an agreement with HBI Planning Services, Inc. for a sum not to exceed Twenty -Four Thousand Eight -Hundred and Ninety Dollars ($24,890); and WHEREAS, available funds exist in the General Fund for said purpose; and WHEREAS, it is the recommendation of the Director of Community Development and Purchasing/Contracts Manager that the LOI #98-L-32 be awarded to and an agreement executed with HBI Planning Services, Inc.; 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 award the Request for Letters of Interest (LOI) #98-L-32 and execute an agreement to HBI Planning Services, Inc. to provide development of urban design guidelines for Tamarac Commerce Park for a cost not to exceed Twenty -Four Thousand Eight -Hundred and Ninety Dollars ($24,890). September 28, 1998 - Temp. Reso. #8405 3 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 Letters of Interest (LOI) #98-L-32 is awarded to and an agreement executed with HBI Planning Services, Inc. for development of Urban Design Guidelines for Tamarac Commerce Park for a cost not to exceed Twenty -Four Thousand Eight -Hundred and Ninety Dollars ($24,890). SECTION 3: The City Manager or his designee is hereby authorized to execute the Agreement between the City of Tamarac and HBI Planning Services, Inc. for development of Urban Design Guidelines for Tamarac Commerce Park (attached hereto as Exhibit 1") 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. September 28, 1998 - Temp. Reso. #8405 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ; x �� day of 1998. JOE SCHREIBER MAYOR ATTEST: lbw .v(1� CAROL GOLD, _ MC/AAE CITY CLERK I HEREBY CERTIFY that I ve approved this R 9OLUTI?N a7 too fo IITCH EU:�6. CITY ATTO EY commdev\u: \pats\userdata\wpdata\res\8405reso MMISSIOIN VOTE MAYOR ECORD O CBE SgH.DIST 1: COMM. mcvAYE r� ' DIST 2: V/M MIRNWIN / DIST 3: COMM. SULTANOF� DIST 4: COMM. ROBERTS AGREEMENT BETWEEN THE CITY OF TAMARAC AND HBI PLANNING SERVICES, INC. THIS AGREEMENT is made and entered into this XZ day of Cf�y-L� 1998 by and between the City of Tamarac, a municipal corporation with principle offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321-2401 (the "City") and HBI Planning Services, Inc., with principle offices located at 11911 U.S. Highway One, Suite 201, North Palm Beach, FL 33408 (the "Consultant") to provide development of urban design guidelines for Tamarac Commerce Park. In consideration of the mutual promises contained in this document, the City and Consultant agree as follows: 1. The period of this agreement shall begin ,� 2k, 1998 and continue until the completion of the Project. 2. For satisfactory performance of the services described in the attached Schedule A, the City shall pay Consultant the compensation provided for in the attached Schedule B. Payment shall be made within thirty (30) days after the City's receipt and approval of Consultant's monthly statement of services and costs, prepared in such form and detail as the City may specify. Consultant shall not incur costs for performance of services under this Agreement in excess of $24,890.00 without the prior written authorization of the City Manager. 3. In performing services under this Agreement, Consultant shall be deemed an independent Consultant and shall not act as nor be an agent or employee of the City. As an independent Consultant, Consultant will be solely responsible for determining the means and methods for performing the professional and/or technical services described in Schedule A. This Agreement shall not be assigned by Consultant; any attempt to do so shall be void and have no effect. All of consultant's activities will be at its own risk and Consultant is hereby given notice of its responsibility for arrangements to guard against physical, financial, and other risks as appropriate. Consultant shall observe and abide by all applicable laws and regulations, including, but not limited to, those of the City of Tamarac relative to conduct on its premises. Consultant agrees to perform its services with that standard of professional care, skill, and diligence normally provided in the performance of similar services. 4. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this TEMP RESO #8405 EXHIBIT 111" Agreement shall be used only in connection with the services provided the City. All drawings and specifications developed as a result of this Agreement shall become the ownership of the City of Tamarac. 5. Either the City or Consultant may terminate performance under this Agreement at any time by notifying the other party in writing at least thirty (30) days in advance of the effective date of termination specified in such notice. 6. Consultant shall notify the City promptly of any expected delay in performance of services. However, Consultant shall not be liable for delays in performance beyond its reasonable control. 7. The City may at any time, by issuance of a written Change Notice to this Agreement by the City Manager, make changes, within the scope or period of performance of this Agreement. Consultant and the City shall negotiate an equitable adjustment, if appropriate, in the terms of this Agreement to cover any such change. No Payment for extras shall be made unless such are performed pursuant to a written Change Notice. 8. 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, Errors and Omission Liability, Worker's Compensation Insurance, Unemployment Insurance, Consultant'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 insurance's required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 9. Consultant agrees to indemnify and hold harmless the City from any claim, damage, liability, injury, expense, or loss arising out of Consultant's performance under this Agreement, except for injury or damage caused by the sole negligence of the City. 2 10. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY Robert S. Noe, City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. Consultant Henry B. Iler, AICP Principal HBI Planning Services, Inc. 11911 U.S. Highway One, Suite 201 North Palm Beach, FL 33408 The remainder of this page left blank intentionally 3 11. This Agreement constitutes the complete understanding of the parties and supersedes any other prior agreements, and shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and HBI Planning Services, Inc., signing by and through its Principal duly authorized to execute the same. CITY OF TAMWC ATTEST; �� _ J chreiber, Mayor Carol Gold, C C/AAE Date: City Clerk Date: /G_� �, �1Y 1 • �_ D [ _ U �k Robert S. Noe, Jr. .`�1 City Manager , p Date: as to form and legal Mitch*ll S. Kraft, ATTEST HBI PLANNINGS SERVICES, INC. NameAAitle Type/Print Name Type/Print Na a of President (CORPORATE SEAL) rd Date:_ q — 2'7 ? 6' ACKNOWLEDGEMENT STATE OF FLORIDA 163-1 COUNTY OF BROWARD 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, AICP, Principal of HBI Planning Services, Inc. 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 executed the same. WITNESS my hand and official seal this day of 19, �. otioY°q�� Edith Pipp : Commission 0 CC 73719 ARY PUBLIC, State of Florida at a Expires June 6, 2002 '� BONDED THRU Large OF F1. cif ATLANTIC BONDING CO.. INC. (Name of Notary Public: Print, Stamp, or Type as Commissioned) (ifersonally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or (1—rDlb NOT take an oath. l•1 SCHEDULE A Consultant Agreement SCOPE OF WORK This sets forth the objectives to be reached by this effort in accordance with the Agreement. (a) Consultant will provide Urban Design Plan and Guidelines for the Tamarac Commerce Park to include the following services: 1. Background research 2. Conceptual Plan 3. Meetings with the property owners 4. Meetings with the general public 5. Meetings with City staff 6. Graphic illustrations 7. Final language for adoption by the City Commission S. Final document for public distribution (b) Consultant shall provide additional services as requested. Fees for requested additional services will be negotiated and approved in writing with the City prior to providing the specific service. (c) The City's Technical Representative under this Agreement will be Jeffrey Miller, Director of Community Development. (d) Terms of this agreement are not to exceed 120 calendar days. rl SCHEDULE B Consultant Agreement COMPENSATION This sets forth the compensation payable by the City to Consultant in accordance with the terms set forth in the Agreement. (a) The Consultant will be paid an amount not to exceed $24,890.00 for the services provided under the terms of this agreement. Itemized invoices will be submitted identifying the work completed and the staff involved in completion. 1. Background research —10% 2. Conceptual Plan — 50% 3. Meetings with the property owners 4. Meetings with the general public 5. Meetings with City staff 6. Graphic Illustrations -- 30% 7. Final language for adoption by the City Commission 8. Final document for public distribution —10% 7 XON, ebb Me • Efe .r Ortba Bppartment of Oitttte I certify the attached is a true and correct copy of the Articles of Incorporation of HBI PLANNING SERVICES, INC., a Florida corporation, filed on December 8, 1993 effective January 1, 1994, as shown by the records of this office. The document number of this corporation is P93000085525. Oiben unber mp banb anb the Great *eat of tbe &tate of Poriba, at a allaba,59ee, the Capital, tbl!5 for Dap of December, 1993 �- im 'Smit4 reta q of (Otate 1-.7,��...-.. ARTICLES OF INCORPORATION The undersigned .incorporator, for the purpose ur of forming -:a- , - P P_„_ CF corporation under the Florida Business Corporation Act j;; � FLGM0ri adopts the following Articles of Incorporation. ARTICLE I NAME The name of the corporation shall be: EFFECTIVE DATE .HBI Planning Services, Inc. JAN 1 1994 ARTICLE II PRINCIPAL OFFICE The principal place of business and mailing address of this corporation shall be: 15267 75th Avenue North Palm Beach Gardens, Florida 33418 ARTICLE III SHARES The number of shares of stock that this corporation is authorized to have outstanding at any one time is: 10 ARTICLE IV INITIAL REGISTERED AGENT AND STREET ADDRESS The name and address of the initial registered agent is: Henry B. Ilex 15267 75th Avenue North Palm Beach Gardens, Florida 33418 ARTICLE V INCORPORATOR The name and street address of the incorporator to these Articles of Incorporation is: Henry B. Iler 15267 75th Avenue North Palm Beach Gardens, Florida 33418 ARTICLE VI EFFECTIVE DATE The effective date for these Articles of Incorporation is: January 1, 1994 The undersigned incorporator has executed these Articles of Incorporation this 6th day of December, 1993. Henry B . I ter