HomeMy WebLinkAboutCity of Tamarac Resolution R-96-2611
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October 30, 1996 - Temp. Reso. #7604 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- Zto
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INDIVIDUAL
PROJECT ORDER PURSUANT TO A
PREVIOUSLY APPROVED AGREEMENT
WITH JAMES DUNCAN AND ASSOCIATES
IN THE AMOUNT OF $9,550 REQUIRED FOR
ADDITIONAL SERVICES IN THE
COMPLETION OF THE CITY OF TAMARAC
EVALUATION AND APPRAISAL REPORT
(EAR) BASED COMPREHENSIVE PLAN
AMENDMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to complete the
State -required Evaluation and Appraisal Report (EAR) Based Comprehensive Plan
Amendments of the City; and
WHEREAS, the City selected James Duncan and Associates to complete the State -
mandated Evaluation and Appraisal Report (EAR) contract; and
WHEREAS, the City Commission approved an Agreement with James Duncan and
Associates at their regular meeting on July 26, 1995; and
October 30, 1996 - Temp. Reso. #7604 2
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WHEREAS, the City received a Grant from the Florida Department of Community
Affairs (FDCA) to assist in the preparation of the Evaluation and Appraisal Report (EAR);
and
WHEREAS, in the course of preparing the Evaluation and Appraisal Report (EAR),
the Community Development Director and Consultant have determined that additional work
outside of the approved tasks listed in the James Duncan and Associates Agreement
(Exhibits "A" and "B") is required to submit the Evaluation and Appraisal Report (EAR)
Based Comprehensive Plan Amendments to the Florida Department of Community Affairs
(FDCA) by June 12, 1997; and
WHEREAS, James Duncan and Associates will perform the additional services as
provided for in the original Agreement (Exhibit "1") and be compensated in conformance
to Sections 2 and 6 respectively; and
WHEREAS, the Director of Community Development has reviewed the proposed
Individual Project Order (Exhibit °C) and finds it to be in compliance with the State
requirements; and
WHEREAS, the Director of Community Development recommends approval of this
Individual Project Order (Exhibit "C") pursuant to the previously approved Agreement; and
WHEREAS, the Director of Community Development has included funds in the
amount of $9,550.00 to contract with the consultant in the approved 1996-97 Budget; and
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October 30, 1996 - Temp. Reso. #7604 3
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 execute an
Individual Project Order (Exhibit "C") pursuant to a previously approved Agreement with
James Duncan and Associates in the amount of $9,550 required for additional services in
the completion of the City of Tamarac Evaluation and Appraisal Report (EAR) Based
Comprehensive Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTIOfb1 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 are hereby authorized to
execute an Individual Project Order (Exhibit "C") pursuant to a previously approved
Agreement with James Duncan and Associates in the amount of $9,550 required for
additional services in the completion of the City of Tamarac Evaluation and Appraisal
Report (EAR) Based Comprehensive Plan Amendments, a copy of the July 26, 1995
Agreement (Exhibit "1") and Individual Project Order (Exhibit "C) are attached hereto and
made a part hereof.
SLCTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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October 30, 1996 - Temp. Reso. #7604 4
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.
SECTION 5:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
v
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
SOLUTION as to form.
MITCHELL S. KRA
CITY ATTORNEY
comm dev\c:\userdata\wpdata\res\7604reso\ps
13 day of NOV 6-M & Ep__ , 1996.
elaae,444 >Ao� —
LARRY MISHKIN
VICE -MAYOR
RECORD OF COMMISSION VOTE
MAYOR
DIST 7:
DIST c. M 5
DIST 3: '�f-aL-0
-
DIST 4; Qaill i e E!
EXHIBIT 111"
Temp. Reso. #7119 - July fi, 1995
Revision No. 1 - July 14, 1995
Revision No. 2 - July 17, 1995
Revision No. 3 - July 19, 1995
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND JAMES DUNCAN AND ASSOCIATES
FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR)
THIS AGREEMENT made this 26 day of4— 1995, by and between
(the "Cityl and Ja es Duncan and Associates, of
.tx ,...._ he "Consultant"); City intends to u de�rtakea0tfflide Evaluation and Al2pMisal Report (EAE) - Ell defined herei13, (ber6inaftLmE call
WHEREAS, the City desires to engage the Consultant to perform certain
Professional planning services; and
WHEREAS, the City and the Consultant desire to set forth herewith the general
terms and conditions whereby the Consultant will provide services to the City, the
particulars of each such engagement being set forth in the attached Scope of Services.
NOW THEREFORE, the City and the Consultant, in consideration of their mutual
covenants herein, agree in respect of the performance of professional services by the
consultant and the payment of those services by the City as set forth below:
(1) The Consultant will famish professional services
for the City, as more specifically described in the Scope of Services, which are attached
hereto as Exhibit "A" and incorporated herein by reference hereinafter (the "Services").
(2) AdditIQj3aL,9[yices. The undertaking of the Consultant to perform
professional services under this Agreement extends only to the services set forth in and
more specifically described in the Scope of Services. If requested by the City and
agreed to by the Consultant, the Consultant will perform additional services ("Additional
Services") and shall be compensated as set forth below.
(3) ,CI Y'2 Resnonsibiiities. The City shall do the following in a timely manner
�so as not to delay the services of the Consultant.
(a) Designate in writing a person to act as the City's representative with
respect to the services to be rendered under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret and define the
City's policies and decisions with respect to the Consultant's services for the Project.
(b) Provide all criteria and full information as to the City's requirements
for the Project, including objectives and constraints, space, capacity and performance
requirements and expectations, flexibility and expendability, and any budgetary
limitations; and furnish copies of all design and construction standards which the City
will require to be included in the drawings and specifications.
(c) Assist the Consultant by placing at its disposal all available
information pertinent to the Project including previous reports and any other data
relative to studies, design, or construction or operation of the Project. .r
(d) Arrange for access to and make all provisions for the Consultant to
• Consultant to
enter upon public and private property as required for the Can Perform
services under this Agreement.
(e) Examine all studies, reports, sketches, drawings, specifications,
proposals and other documents presented by the Consultant obtain advice of an
attorney, insurance counselor and other consultants as the City deems appropriate for
such examination and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of the Consultant. The Consultant shall have no
liability to the City for delays resulting from City's failure to review documents promptly.
(f) Furnish approvals and permits for all government authorities having
jurisdiction over the Project and such approvals and consents from others as may be
necessary for completion of the Project.
(g) Provide such accounting, independent cost estimating and
insurance counseling services as may be required for the Project, such as legal
services as the City may require or the Consultant may reasonably request with regard
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to legal issues pertaining to the Project including any that may be raised by the
contractor(s) employed by the City (hereinafter the "Contractors'), and such auditing
service as the City may require to ascertain how or for what purpose any Contractor
has used the monies paid to him under the contract.
(4)
(a) The provisions of this section and the various rates of
compensation for the Consultant provided for elsewhere in this Agreement have been
agreed to in anticipation of the orderly and continuous progress of the Project through
its completion.
(b) The Consultant shall begin work promptly after receipt of a fully
executed copy of this Agreement and will complete the Services described in the Scope
of Services within the time schedule mutually agreed upon. The times for performance
established in such schedule shall be extended as necessary for periods of delay
resulting from strikes, natural disasters, and similar circumstances of which the
Consultant has no control. If the City requests in writing significant modifications in the
scope of the Project, the time of performance of the Consultant's Services shall be "
adjusted appropriately.
(c) In addition, if the Consultant's Services or any required Additional
Services are delayed or suspended in whole or in part for more than three (3) months,
either party may elect to terminate by written notice to the other.
(d) The Consultant's receipt of a fully executed copy of this Agreement
shall constitute written notice for it to proceed with performance of the Services.
(5) ComQensation.
(a) For services described in Exhibit W, the Consultant's
compensation shall be a fee of $20,224.00, to be paid as prescribed in Exhibit "A".
(6)
If upon the request of the City, the Consultant agrees to perform
Additional Service hereunder, the City shall issue an Individual Project Order (IPO) for
the performance of such Additional Services, unless said services are otherwise
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provided for.
(7) Pavmgnt of Services.
(a) The Consultant's compensation is to be paid as prescribed in
Exhibit "A". Payment of each invoice will be due within thirty (30) days of delivery of
final product or all deliverables, and any City property to the City and any grant -
providing agency.
(b) If the City objects to any statement submitted by the Consultant, he
shall so advise the Consultant in writing giving reasons within fourteen (14) days of
receipt of such bill. Consultant shall have fourteen (14) days to respond to the City's
written objections. Payout may be withheld until objections have been resolved
between the parties or settled pursuant to Section 14.
(c) The City acknowledges and agrees that the payment for services
—� rendered and expenses incurred by the Consultant pursuant to this Agreement is not
subject to any contingency unless the same is expressly set forth in this Agreement
All documents including drawings, specifications, and data or programs,
stored electronically, prepared or furnished by the Consultant (and the Consultant's
independent professional associates and consultants) pursuant to this Agreement shall
be considered to be instruments of professional service. Nevertheless, the documents
prepared under this Agreement shall be transferred to the City upon completion or
termination of the Consultant's services. Such documents shall be considered the
property of the City and may be used for any purpose of the City. Any reuse without
written verification or adaptation by the Consultant for the specific purpose intended will
be at the City's sole risk and without liability or legal exposure to the Consultant or to
the Consultant's independent professional associates or consultants.
(9) IArmil3ation.
This Agreement may be terminated by City or Consultant for cause or by
the City for convenience, upon thirty (30) days written notice by the terminating party to
the other party of such termination in which event the Consultant shall be paid its
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compensation for services performed to termination date including services reasonably
related to termination. In the event that the Consultant abandons this Agreement or
causes it to be terminated, it shall indemnify the City against loss pertaining to this
termination. All finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs and reports prepared by Consultant shall be transferred to
the City in accordance with the provisions of Section (8) of this contract Default by
Consultant: In addition to all other remedies available to the City, this Agreement shall
be subject to cancellation by the City should the Consultant neglect or fail to perform or
observe any of the terms, provisions, conditions, or requirements herein contained, if
such neglect or failure shall continue for a period of thirty (30) days after receipt, by
Consultant, of written notice of such neglect or failure; further Consultant shall be in
default if more than thirty (30) days shall be required because of the nature of the
default and Consultant fails within said thirty (30) day period to commence and
thereafter diligently proceed to cure such default.
. (10) Comi2liance with Laws.
Consultant agrees that he or she will, In the performance of work and"
services under this Agreement, comply with any and all Federal, State and local laws
and regulations now in effect, or hereinafter enacted during the tern of this Agreement
which are applicable to Consultant, its employees, agents or consultant, if any, with
respect to the work and services described herein.
(11) 1pa�3p.S�
Consultant shall maintain in full force and effect during the life of the
Agreement, Automobile and General Liability Insurance with limits of not less than Five
Hundred Thousand Dollars ($500,000.00), and Statutory Workers' Compensation
insurance covering all employees in performance of work under the contract.
Consultant shall make this same requirement of any of its subcontractors.
Consultant shall indemnify and save City harmless from any damage
resulting to them for failure of the Consultant to take out or maintain such insurance.
Neither Consultant nor any subcontractor shall commence work under this
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Agreement until they have obtained all insurance required under this section and have
Oupplied City with evidence of such coverage in the form of a Certificate of Insurance
and endorsement. Consultant shall be responsible for delivery to the City the certificate
of insurance for City approval.
Such certificates shall be approved by City.
ALL INSURANCE COMPANIES PROVIDED SHOULD:
Be rated at least A+ VII per Best's Key Rating Guide;
Be licensed to do business in Florida.
All Policies should be Occurrence not Claims Made Forms
The Consultant shall name the City as an additional insured on its general liability
insurance policy.
Consultant shall require insurance companies providing coverage to give City thirty (30)
days' written notice of its intent to cancel or terminate policy. Consultant's Insurance
shall be primary.
(12)
In performing its professional services hereunder, the Consultant will use
that degree of care and skill ordinarily exercised, under similar circumstances, by
reputable members of its profession practicing in the same or similar locality.
���
(a) Consultant shall indemnify and save the City harmless from and
against any and all claims, suits, actions, damages and causes of action arising out of
this Agreement arising from the Consultant's negligent performance of this Agreement,
as measured against the standard of performance described in paragraph 12 above.
(b) It is specifically understood and agreed that the consideration
inuring to Consultant for the execution of this Agreement are the promises payments
covenants, rights and responsibilities contained herein, and the award of this Contract
to Consultant.
(14) Qisoutes. 1J*
A I claims, counterclaims, disputes, and other matters in question between
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the City and the Consultant arising out of this Agreement or the breach thereof shall be
deeded by the state of"Florida"judicial action.
(15) Litigation^Ex_genggs
If City or Consultant incurs any expense in enforcing the terms of this
Agreement, whether suit be brought or not, the nonprevaiiing party agrees to pay all
such costs and expenses including, but not limited to, court or other action costs,
interest, and reasonable attomeys' fees.
(16) Permits. Taxes. Licenses.
The Consultant shall at his own expense obtain all necessary permits, pay
all licenses, fees and taxes, required to comply with all local ordinances, State and
Federal laws, rules and regulations applicable to business to be carried out under this
Agreement.
(17) 13ecotds. -
Consultant agrees to keep such records and accounts as may be
necessary in order to record complete and correct entries of all work performed
pursuant to the Agreement including, but not limited to direct personnel payroll and'
reimbursable expenses pertaining to this Project Said records will be available for
examination by City at Consultants offices located at 15267 75th Avenue North, Palm
Beach Gardens, Florida 33418.
(18) Non -Discrimination.
The Consultant agrees that it will not discriminate against any of its
employees or applicants for employment because of their race, color, religion, sex, or
national origin, and to abide by all Federal and State laws regarding non-discrimination.
The Consultant further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation or such provisions shall constitute a material breach of this Agreement.
Consultant is an independent contractor under this Agreement. Personal
services provided by the Consultant shall be by employees of the Consultant and
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subject to supervision by the Consultant, and not as officers, employees, or agents of
the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the Consultant.
TTIRIEVIT";n-- - AM'SURM
News releases, publicity releases, or advertisements pertaining to this
Project will not be made without prior City approval, and then only in coordination with
the Community Development Department.
(21) Contract Dispute.
In the event that this contract is the subject of litigation between the
Consultant and the City, the parties hereto agree that this contract shall be construed
according to the laws of the State of Florida and venue of such litigation shall be in
Broward County.
•u• -�- ��• t A•N.
The Consultant shall be responsible for the completeness and accuracy of
' to and other documents prepared or compiled under its
� work, plans supporting data, P P
obligation pursuant to this Agreement, and shall correct at its expense all errors or
omissions therein which may be disclosed. The cost of the services necessary to
correct those errors attributable to the Consultant shall be chargeable to the Consultant.
The fact that the City has accepted or approved the Consultant's work shall in no way
relieve the Consultant of any of its responsibilities. This provision shall not apply to any
maps, official records, contracts, or other data that may be provided by the City or other
public or semi-public agencies which the Consultant should reasonably expect to be
accurate and which the Consultant could not reasonably be expected to know to be
inaccurate.
(23) Ha�4g8 Substances.
It is understood and agreed that in seeking the professional services of
the Consultant under this Agreement, the City does not request the Consultant to
undertake to perform any services, studies, or tests, or to make any determinations
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involving or related in any manner to hazardous substances, as defined by Federal law.
If any condition relating to a hazardous substance, specifically including but not limited
to asbestos, is observed by the Consultant or is alleged during the course of the
performance of the services hereunder, the Consultant shall have the right to cease all
service hereunder until the hazardous substance condition has been eliminated. The
Consultant shall notify the City of such condition, and the City shall be solely
responsible for the elimination of the hazardous substance condition. If the services to
be performed by the Consultant hereunder cannot be performed because of the
existence of the hazardous substance condition, the existence of the condition shall be
deemed to be substantial failure on the part of the City to perform in accordance with
the terms of this Agreement, through no fault of the Consultant, for the purposes of
termination under paragraph (10).
(24) 6ssjgnment,gnd Subcontracting._
This Agreement, or any interest herein, shall not be assigned, transferred
or otherwise encumbered, under any circumstance, by Consultant without the prior
written consent of the City. This Agreement or any portion thereof, may not be
subcontracted without the prior written consent of the City.
(25) CQUdentiality.
. The City hereby consents to the use and dissemination by the Consultant
of photographs of the Project and to the use by the Consultant of facts, data and
information obtained by the Consultant in the performance of the services hereunder.
(28) Binding Effect.
This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors, administrators,
successors and assigns.
(27) M=gr. Amendment.
This Agreement constitutes the entire Agreement between the Consultant
and the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
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document executed by both the Consultant and the City.
(28) Notic=
Whenever either 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, 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 paragraph. For the present,
the parties designate the following as the respective places for giving of notice, to -wit
reNQ
With a Copy to:
City Manager Director of Community Development
�. City of Tamarac _.--City of Tamarac
7525 NW 88 Avenue 7525 NW 88 Avenue
Tamarac, FL 33321-2401 Tamarac, FL 33321 2401 -�
City Attorney
7525 NW 88 Avenue
Tamarac, FL 33321-2401
CONSULTANT
James Duncan and Associates
15267 75th Avenue North
Palm Beach Gardens, Florida 33418
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition
or unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. Also, the non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
0 Agreement.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature, the City of Tamarac signing
through its City Manager and its City Commission signing by and through its Mayor,
Norman Abramowitz, and James Duncan and Associates signing by and through
James B. Duncan, Principal, duly authorized to execute same.
CITY OF TA C
g
Norman Abramowitz, Ma
Date:
ATTEST:.
Abe -
Carol Evans, City Clerk 4Robert S. Noe, Jr., City gar
Date: Date: .
Aooroved as to form and legal
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Mitchell S. Krfik Fty Attomey
AGREEMENT BETWEEN THE CITY OF TAMARAC
0 AND JAMES DUNCAN AND ASSOCIATES
FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR)
ATTEST.
B. Duncan, Principal
Date: dk N tfr 71
Witness
-- STATE OF FLORIDA
COUNTY OF
Before me personally appeared a.w.+1 �- , to me well known
and known to me to be the person described in and who executed the foregoing ..
Instrument, and acknowledged to and before me that he/she executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this day of 1995.
DMORAH MOORE
. ft"WPulasrrat,c�tT.
M "7�60w
�W11% FEB. 4.1990
My Commission Expires:
Personally known
Produced Identiflcation
Did/Did Not take an oath.
0
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Notary Public, State of
Florida At Large
ome. oo ra..� ivy Do f t.
Print or Type Name of Notary
EAH1611 "All
July 6 1995 - Temp. Reso. #7119
Revision No. 1 - July 14, 1995
Revision No. 2 - July 17, 1995
Revision No. 3 - July 19, 1995
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95-j"
A RESOLUTION OF THE CITY COMMISSION OF
THE CiTY OF TAMARAC, FLORIDA, REPEALING
RESOLUTION 95-138 WHICH PROVIDED FOR
AN AGREEMENT WITH ROBERT K.
SWARTHOUT AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
AN AGREEMENT WITH JAMES DUNCAN AND
ASSOCIATES FOR PREPARATION OF THE CITY
OF TAMARAC EVALUATION AND APPRAISAL
REPORT FOR THE COMPREHENSIVE PLAN;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECMM DATE,.
WHEREAS. the City Commission of the City of Tamarac wishes to complete the State
required Evaluation and Appraisal Report (EAR) for the Comprehensive Plan of the City; and
WHEREAS. the City received a Grant from the Florida Department of Community Affairs
to assist in preparing the Evaluation and Appraisal Report (EAR); and
WHEREAS. the City Commission approved an Agreement with Robert K. Swarthout at their
regular meeting on June 28, 1995; and
WHEREAS, the consultant firm of Robert K. Swarthout declined -the Final Agreement with
the City because of the City's Standard Indemnity Provisions; and
WHEREAS, it is now appropriate to repeal Resolution 95-138 which authorized the Robert
K. Swarthout Agreement; and
WHEREAS. the City sent out notices to twenty-nine (29) firms, five (5) were short-listed and
interviewed. and James Duncan and Associates waa selected on the frm's ability to work under
the allotted time and money; and
WHEREAS. the City selected James Duncan and Associates to complete the state -
mandated Evaluation and Appraisal Report (EAR) contract: and
x" - �� -" /
July d, 1995 - Temp. Reso. #7119 2
Revision No. 1 - July 14. 1995
Revision No. 2 - July 17. 1995
Revision No. 3 - July 19. 1995
WHEREAS, the Director of Community Development recommends approval of this
Agreement; 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 execute an agreement with James
Duncan and Associates for the City of Tamarac Evaluation and Appraisal Report (EAR).
NOW, THEREFORE, BE IT RESOLVED SY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and confect and is hereby made a specific part of this Resolution.
SECTiO1V 2: That Resolution 95-138, approved by the City Commission at their
regular meeting on June 28, 1995 authorizing an Agreement for Robert K, Swarthout to prepare
the City of Tamarac Evaluation and Appraisal Report for the Comprehensive Plan required by the
State of Fibrida, is hereby repealed.
SECTION 3_ That the appropriate City Officials are hereby authorized to execute
an Agreement with James Duncan and Associates for the City of Tantarac's Evaluation and
Appraisal Report (EAR), a copy of said agreement being attached hereto as "Exhibit I".
SECTION 4, AN resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict
S_ECTiON_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.
L_ J
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July 6, 1995 - Temp. Reso. #7119 3
Revision No. 1 - July 14, 1995
Revision No. 2 - July 17. 1995
Revision Na. 3 - July 19. 1995
SECTION6 This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this ZG
ATTEST:
CAROL A. EVANS
CITY CLERK
I HERESY CERTIFY that 1
have approved this
2 RES OELN as to fa
:ITCHL S.
CITY ATTORNEY
Rig - 11 j! ff
MAYOR
DIST. t:
DIST. 2:
OIST. 3:
DIST. 4:
day ofYA)�
'1995.
NORMAN ABRAMOWI
MAYOR
RECORD OF
vim
rj
' 1 • i = -/(00
• EXHIBIT "A"
EVALUATION AND APPRAISAL REPORT SCOPE OF WORK
FOR
CiTy OF TAMARAC
1 COVENANT FOR SERVICES
The City does hereby contract with the Consultant to perform the services
described herein and the consultant does hereby agree to perform such services
under the terms and conditions set forth in this contract
The consultant agrees to obtain and read* or has already obtained and read the
contents of "Evaluation and Appraisal Reports: A Guidebook" as prepared by the
r Florida Department of Community Affairs:
.�
II WORK TASK AND PRODUCT
The Consultant agrees, under the terns and conditions of this contract and the
applicable state and local laws and regulations to otReport and Draft
undertake, perform, and
complete a Draft and Final Evaluation and Appraisal
Comprehensive Plan Amendments related thereto. off 9J 5 0 55 of the Floridae work will be completed
such a way as to fulfill the minimum requirements
Administrative Code and s.183.3191, F.S. The Consultant will provide the
following:
(A) A draft EAR Workplan document which addresses the responsibilities of
the City under its Evaluation and Appraisal Report planning assistance
contract with the Florida Department of Community Affairs.
(8) Draft amendments as specified in the RFP letter.
(C) A first revision of the draft Evaluation and Report W�orkpian
document based on suggestions of the City
(D) A second revision of the draft Evaluation and Appraisal Report Workplan
based on the sufficiency review of the Florida Department of Community
Affairs and City staff.
(E) Draft amendments will be prepared by no later than December 1, 1995.
/ 6 _3 i ,e- 5 �, - -)- ( j
These amendments will be consistent with Chapter 163 of the Florida
Statutes.
(F) Draft amendments shall be submitted to City staff, the Local Planning
Agency and the City Commission prior to submission to the Florida
Department of Community Affairs. Comments from the City staff, the
Local Planning Agency and the City Commission will be incorporated into
the draft that is submitted to the Florida Department of Community Affairs.
(G) All drafts and revisions noted above shall be delivered in one (1) paper
copy. The final draft shall be delivered in one (1) paper copy and one (1)
electronic copy to the City before May 30, 1996. The electronic copy will
be provided by the Consultant to the City in Auto CADD, Lotus
Compatible and WordPerfect The City will provide to the Consultant an
electronic base map; this electronic base map shall be clear of all
extraneous data and it shall be in the same operating program format in
which the City wishes the Consultant to produce his work.
(H) Between contract execution and December 1, 1995, the Consultant will
attend at least three (3) meetings with either the City Commission, City
staff and the Local Planning Agency and submit monthly progress reports
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on the first Monday of each month.
III DATE OF COMPLETION
As Specified in the EAR legislation, or in this schedule, whichever is earlier.
The draft document which addresses the responsibilities of the City under
its Evaluation and Appraisal Report planning assistance contract with the
Florida Department of Community Affairs The draft document will be
provided to the City and the Florida Department of Community Affairs by
August 14, 1995, or at a time deemed acceptable by the Florida
Department of Community Affairs.
IV COMPENSATION
Total compensation for this contract will not exceed twenty -thousand two -
hundred and twenty-four dollars ($20,224.00).
Ten -Thousand Dollars ($10,000.00) will be paid when Section II, Part A "The
State Contract Work" is complete.
Five -thousand Dollars ($5,000.00) will be paid when the draft amendments, as
specified in Section 11, Part B are submitted and approved by the City.
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The final balance shall be paid when the remainder of Work Task II is delivered
to the City. The City's obligation shall not exceed the amount of twenty -
thousand two -hundred twenty-four dollars ($20,224.00).
The Consultant understands that as a subcontractor to a contract between the
City of Tamarac and the Florida Department of Community Affairs, the
Consultant is bound by the terms and conditions of the contract between the City
of Tamarac and the Florida Department of Community Affairs.
Consultant hereby agrees to hold the City of Tamarac and the Florida
Department of Community Affairs harmless against all claims of whatsoever
nature arising out of the Consultant's performance of work under DCA Contract
No. 95-DR 72-1-1-16-02-078, to the extent allowed'and required by law.
The Consultant shall, at its own expense, during the term of this agreement,
continuously maintain in force a General Liability Policy for the benefit of the City
of Tamarac in the maximum amount of twenty -thousand two -hundred twenty-four
dollars ($20,224.00).
The cover page or tide page of all reports, maps and other documents completed
as a part of this contract shall acknowledge:
.00
"Preparation of this was aided through financial
assistance received from tha State of Florida under the Local Government
Evaluation and Appraisal Report Assistance Program authorized by
Chapter 93-208, Laws of Florida, and administered by the Florida
Department of Community Affairs."
The date (month and year) the document was prepared and the name of the
subcontractor or recipient community responsible for its Preparation shall also be
shown.
EXEMrr B
• INDIVIDUAL PRQJECI' ORDER
&Wustfga aW A22mgmal ReEgIl Work Seem:
L COV>CNANT FOR SERVICE'$
The City does hereby contract with the Consultant to perform the services described
herein and the Consultant dos hereby agree to parform such services under the terms
and conditions set, forth in the original agreement ("Agreement") contained in
Tamarac Resolution No. R 93-I66 for the City of Tamarac Evaluation and Appraised
Report, and this Individual Project Order (IPO) which is an exhibit to the Agreement
IL WORK TASKS AND PRODUCT _
Under Exhibit "A" to the Agreement, the Consultant has prepared the EAR data and
analysis work products which provide the State -required basis for the work specified in
this Exhibit. The Consultant agree, under the terms and conditions of this contract
and the applicable state and local laws and regulations, to undertake, perform, and
complete the Evaluation and Appraisal (BAR) Report for the City of Tamarac and the
Comprehensive Plan amendments recommended in the EAR Report The work will be
completed in such a way as to fuUHl the minimum requirements of 91-3.00S3 of the
Florida Administrative Code and s. 163.3191, F.S. The tasks will be performed by the
Consultant, with specified City staff assistance as detailed below.
Wa lmdon amid Appraisal (RA►R) BA"st
(A) Prepare the draft EAR Report and submit one copy for initial staff review.
As part of this task, City staff will document the accuracy of the existing land
use acreages and the future land use designation of vacant lands contained in
the EAR Work Products Document prepared pursuant to Exhibit "A" of this
contract. If existing land use and vacant land designation inaccuracies are
found, appropriate corrections will be made.
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(B) Followir,a City staff review, appropriate modifi".jons will be made and one
copy of the final EAR Report submitted for approval by the Local Planning
Agency (LPA) and City Commission at separate public hearings.
(C) Following adoption of the EAR Report by the City Commission. the Consultant
will make any approved changes and submit one copy of the adopted EAR
Report to the City for transmittal to the Florida Department of Community
Affairs (FDCA) for required review.
(D) When the FDCA review report is received, the Consultant and City staff will
coordinate the preparation of recommended modifications to the EAR
Report. Any additional data required in order to address State comments will
be collected by City staff. The Consultant will prepare and submit one copy
of the Final EAR Report for adoption by the LPA and City Commission.
I I , v:k 1 19 014 .-14 e.il
The tasks will be completed as follows:
(A)
March 15, 1996.
(B)
March 22, 1996. -�
(C)
April S, 19%.
(D)
May 1, 19%.
IV. CDMPENSATIDPI
The total compensation for the completion of the Part 1 tasks specified in Section II of
this exhibit is S17,840. The Consultant will be paid 301A of the total compensation for
completion of Task IA, 25% for the completion of Tasks 1B and 1C, and 25% for the
completion of Task 1D. These amounts will be paid by the City to the Consultant on
a bi-weekly basis for work in progress and work completed in an acceptable meaner.
The cost for addition[ copies requested by the City of my deliverables specified in
the Part 1 work tasks is not included in the total compensation.
The Consultant shall, at its own expense, during the term of this agreement,
continuously maintain in force a General Liability Policy for the benefit of the City of
Tamarac in the maximum amount of seventeen -thousand eight -hundred forty dollars
(317,840.00).
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V. 11DE47 ICA77ON OF DOCUMXN73
The cover page or title page of all reports, maps and other documents completed as a
part of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided through financial assistance
received from the State of Florida under the Local Government Evaluation and
Appraisal Report Assistance Program authorized by Chapter 93-206, Laws of
Florida, and administered by the Florida Department of Community Affairs,"
The date (month and year) the document was prepared and the name of the
subcontractor or recipient community responsible for its preparation shall also be
shown.
VL ORDER TZRMS AND COMMONS
M Addendum (individual project Order - Exhibit B) is subject to all terms and
conditions set forth in the Agreement including City's responsibilities, ownership and
ranee of document teradnadua,, compliance with laws, insus mce, standard of
performance, indemnity, disputes, litiXWon expanses, panuita6 teuas. llcensm records,
non-discrimination, independent contractor, news releases4nhlicity, contract dispute;
completeness and accuracy of work, hazardous substances,, assignment and
subooatrudn& confidentiality, binding effect merger and ammdmmtt, nodaes, and
SevweWity waiver of provisions
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0 EXHIBIT "C"
INDIVIDUAL PROJECT ORDER
EAR -Based Coml2rehensive Plan Amendments Work Sco e:
L COVENANT FOR SERVICES
The City does hereby contract with the Consultant to perform the services described
herein and the Consultant does hereby agree to perform such services under the terms and
conditions set forth in the original agreement ("Agreement") contained in
Tamarac Resolution No. R-95-166 for the City of Tamarac Evaluation and Appraisal
Report (EAR), and this Individual Project Order (IPO) which is an exhibit to the
Agreement.
M II. WORK TASKS AN
D PRODUCT
Under prior Exhibits "A" and "B" to the Agreement, the Consultant has prepared
Comprehensive Plan the EAR data and analysis work products and the final Evaluation
and Appraisal Report which provide the State -required basis for the work specified in this
Exhibit. The Consultant agrees, under the terms and conditions of this contract and the
applicable state and local laws and regulations, to undertake, perform, and complete the
EAR -based Comprehensive Plan amendments for the City of Tamarac consistent with the
EAR which was recently approved by the Florida Department of Community Affairs. The
work will be completed in such a way as to fulfill the minimum requirements of Rule 9J-5
of the Florida Administrative Code and Section 163, Florida Statutes The tasks will be
performed by the Consultant, with specified City staff assistance as detailed below.
Pre arati n of EAR -Based Comprehensive Plan Amendments
(A) The consultant will prepare the transmittal draft of the EAR -based Plan
Amendments and submit three copies for staff review. City staff will be
responsible for the preparation of reproducible originals of the Utilities Service
Area Map, Park and Recreation Facilities Map, and the (amended) Future Land
Use Map for inclusion in the Plan transmittal draft.
oe-�j�-,:2—&/
(B) Following incorporation of appropriate staff comments16 , consultant will prepare
and submit three copies of the transmittal draft of the EAR -based Comprehensive
Plan amendments for distribution to the Local Planning Agency (LPA).
(C) Consultant will attend the public hearing of the LPA to present the significant
aspects of the EAR -based Plan amendments and answer questions.
(D) Following the LPA hearing, any appropriate comments of the LPA Board
members will be incorporated into the draft EAR -based amendment document. A
public hearing draft (3 copies) will be prepared and submitted to City staff for
distribution to the City Commission for the transmittal hearing.
(E) Consultant will attend the transmittal hearing of the City Commission and present
the important components of the EAR -based Comprehensive Plan amendments.
(F) Following the City Commission hearing, any appropriate changes approved by the
Commission will be incorporated into the final approved transmittal draft of the
EAR -based Plan amendment document and three copies will be submitted to staff
for submission to FDCA.
9 IIL DATES OF COMPLETION
The estimated completion timeframes for each task is as follows based on days from
Notice -To -Proceed (NTP):
(A)
30 days
(B)
45 days
(C)
60 days
(D)
75 days
(E)
90 days
(F)
120 days
Iv. COMPENSATION
The total compensation for the completion of the tasks specified in Section II of this
exhibit is $9,550. The Consultant will be paid 40% of the total compensation for
completion of Task A, 20% for the completion of Task B, and 10% each for the
completion of Tasks C-F. These amounts will be paid by the City to the Consultant on a
bi-weekly basis for work in progress and work completed in an acceptable manner. The
2
C
cost for additional copies (more than two) requested by the City of any deliverables
specified in the work tasks is not included in the total compensation under this Exhibit and
will be separately billed by the consultant.
The Consultant shall, at its own expense, during the term of this agreement,
continuously maintain in force a General Liability Policy for the benefit of the City of
Tamarac in the maximum amount of nine -thousand five -hundred and fifty dollars
($9,550.00).
V. IDENTIFICATION OF DOCUMENTS
The cover page or title page of all reports, maps and other documents completed as a
part of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided through financial assistance
received from the State of Florida under the Local Government Evaluation and
Appraisal Report Assistance Program authorized by Chapter 93-206, Laws of
Florida, and administered by the Florida Department of Community Affairs."
The date (month and year) the document was prepared and the name of the
subcontractor or recipient community responsible for its preparation shall also be shown.
VI. OTHER TERMS AND CONDITIONS
This Addendum (Individual Project Order - Exhibit C) is subject to all terms and
conditions set forth in the Agreement including City's responsibilities, ownership and reuse
of documents, termination, compliance with laws, insurance, standard of
performance, indemnity, disputes, litigation expenses, permits, taxes, licenses, records,
non-discrimination, independent contractor, news releases/publicity, contract dispute,
completeness and accuracy of work, hazardous substances, assignment and
subcontracting, confidentiality, binding effect, merger and amendment, notices, and
severability waiver of provisions
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IN WITNESS WHEREOF the partie
s s hereto have made and executed this
Agreement on the respective dates under each signature, the City of Tamarac signing
through its City Manager and its City Commission signing by and through its Vice -
Mayor, Larry Mishkin, and James Duncan and Associates signing by and through
James B. Duncan, Principal, duly authorized to execute same.
CITY OF AMARAC
By:
Larry MishIlin, Vice -Mayor
Date:
ATTEST:
W'Ze-:�W�,}
, \\ 'i- '�-- f�
Carol Evans, City Clerk Robert S. Noe, Jr., City Manag r
Date: Date:
Approved as to form and legal
icioncy:
Mitchell S. Kraft, CilVAftorney
2
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND JAMES DUNCAN AND ASSOCIATES
0 FOR CITY OF TAMARAC EVALUATION AND APPRAISAL. REPORT (EAR)
BASED COMPREHENSIVE PLAN ,AMENDMENT
11
Is
w
� -L
�iiess
STATE OF FLORIDA
COUNTY OF
8. Durvon, principal
Nov... t-11 ., /,?If/-
Sabre a* personally aPPearac�t Me esw.Y
and known to we to be the parson dcAb'gd in and wknown
ho ex.cuteG the foregpi
in0rununt, and ack Owl'adged to and before nm that helahe executed sAid Ingftmsnt
ftr the PUMC es Itmain expressed.
%MTNESS my hand and official "a1, this day of � 1996
My Cammission Exp u.
ftmonally known
Prodaoad IdsntiP=ftn
DWDId Not take an oath.
5
Notary Pq $take o
Florida At m*
`S
Print or Ty Name of Notary