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:
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CAROL GOLD, _ MC/AAE
CITY CLERK
I HEREBY CERTIFY that I
ve approved this
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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
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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