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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-039Temp. Reso. #7327 1 February 20, 1996 - Revision No. 1 February 21, 1996 - Revision No. 2 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96---33 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 $17,840 REQUIRED FOR ADDITIONAL SERVICES IN THE COMPLETION OF THE CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) FOR THE COMPREHENSIVE PLAN; 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) for the Comprehensive Plan 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 WHEREAS, the City received a Grant from the Florida Department of Community Affairs 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 n 1 Temp. Reso. #7327 2 February 20, 1996 - Revision No. 1 February 21, 1996 - Revision No. 2 outside of the approved tasks listed in the James Duncan & Associates Agreement (Exhibit "A") is required to submit the Evaluation and Appraisal Report (EAR) to the Florida Department of Community Affairs by May 1, 1996; and WHEREAS, James Duncan & 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 Community Development Director has reviewed the proposed Individual Project Order (Exhibit "B") 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 "B") pursuant to the previously approved Agreement; and WHEREAS, the Community Development Director has included funds in the amount of $17,840.00 to contract with the consultant in the approved 1995-96 Budget; 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 this Individual Project Order (Exhibit "B") pursuant to the previously approved Agreement with James Duncan and Associates for the completion of the City of Tamarac Evaluation and Appraisal Report (EAR). 1 1 Temp. Reso. #7327 3 February 20, 1996 - Revision No. 1 February 21, 1996 - Revision No. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SEQ,TION 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 the Individual Project Order (Exhibit °B°) to the previously approved Agreement with James Duncan and Associates in the amount of $17,840.00 for the additional work required for the completion of the state -mandated Evaluation and Appraisal Report (EAR), a copy of the July 26, 1995 Agreement (Exhibit "1") and Individual Project Order (Exhibit "B") are attached hereto and made a part hereof. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SEQTION 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. 1 1 1 Temp. Reso. #7327 4 February 20, 1996 - Revision No. 1 February 21, 1996 - Revision No. 2 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this cV day of te-b-LOLI 1996. ATTEST: jw_Z� CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I ha,yp approved this RESOLUTION as to forru! MITCHELL S. 14RAt CITY ATTORNEY community dev\c:\userdata\wpdata\res\earextrs\ps MAYOR DIST.1: DIST. 2: DIST 3: DIST. 4: IN18RMAN��.BRAMOWITZ u1 i RECORD" OF COMMISSION VOTE �?-_16 -13 EXHIBIT 111" Temp. Reso. #7119 - July 6, 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 of , 1995, by and between �L�� (the "City") and Jar a es Duncan and Associates, of (the "Consultant"); City intends to undertake 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) h9copr, p Agreement. The Consultant will furnish 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) Additignai Sr,1x•ces. 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) CitVI§ Resgonsitilities-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 enter upon public and private property as required for the Consultant to perform p 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 2 to legal issues pertaining to the Project including any that may be raised by the contractoremployed " (s) 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) P!ajigd of Secyio. (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 r . 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) Gompel3sation. (a) For services described in Exhibit "A", 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 3 provided for. (7) payment Qf Se[YiCeS. 0 (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. (8) 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. (g) Termination. 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 4 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) Compliance 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 term 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) Insurance. 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 5 1 Agreement until they have obtained all insurance required under this section and have supplied 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 F` 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. (13) Indemi3gy, (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) Disgutes. All claims, counterclaims, disputes, and other matters in question between 6 1 the City and the Consultant arising out of this Agreement or the breach thereof shall be decided b the state of "Florida" judicial action. Y 1 (15) If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit be brought or not, the nonprevailing party agrees to pay all such costs and expenses including, but not limited to, court or other action costs, interest, and reasonable attorneys' fees. (16) 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) Begords. _ - Consultant agrees to keep such records and accounts as may be anecessary 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 Consultant's offices located at 15267 75th Avenue North, Palm Beach Gardens, Florida 33418. (18) - 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. �VMMJ , . - . - , .M, Kft-7i1�. Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and 7 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. (20) N 2 Rgleases/P blictt , 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) 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. -- (22) molelenegs a0d Accuracy of The Consultant shall be responsible for the completeness and accuracy of its work, plans supporting data, and other documents prepared or compiled under its . 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) 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 8 involving or related in any manner to hazardous substances, as defined by Federal law. n condition relating to a hazardous substance, specifically including but not limited If any g P 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) Assignment and Subcontrarting._ 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) Qopf dentiality. 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. (26) 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) Merger Amendments 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 9 document executed by both the Consultant and the City. (28) Ngtices. 0 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: u 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 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 Agreement. 10 0 • C� • 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. ATTEST: Carol Evans, City Clerk Date: S 11 CITY OF TAMA C B Norman Abramowitz, Ma Date: c s. f1be\ Robert S. Noe, Jr., City Ma . ger Date: as to form and Mitchell S. KrAft, City Attorney AGREEMENT BETWEEN THE CITY OF TAMARAC AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) ATTEST: Witness 1 mes B. Duncan, Principal Date: J If Witness STATE OF FLORIDA COUNTY OF . Before me personally appeared �• �- , 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. (4p�cp*kNotary Public, State of D®ORAH MOORS .1NOMY Florida At Large .. •+.a.FEB. a, t9i6 �e�na co f t Print or Type Name of Notary My Commission Expires: Personally known Produced Identification Did/Did Not take an oath. 12 0 - �XHtt3I t "A" Jul 6, 1995 - Temp. Reso. #7119 /�-- y 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-95-146 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 r 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 was selected on the firm'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 July 6, 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 BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. 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 Florida, 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 Tamarac's Evaluation and Appraisal Report (EAR), a copy of said agreement being attached hereto as "Exhibit 1 ". SECTJOtl-4• All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. • • C� U -I J • July 6, 1995 - Temp. Reso. #7119 3 Revision No. 1 - July 14, 1995 Revision No. 2 - July 17, 1995 Revision No,. 3 - July 19, 1995 SrnCTIONThis Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2w ATTEST. w CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RES U'TtON as to f0 ;-'; TCHE S. KP.A. CITY ATTORNEY cmrunur* d lwgd8U t nwNr rw day of 1995. 1"—N—OR4MANABRAMOWIOR RECORD OF MAYOR ABRAMOWM DIST. 1 • V / M KATZ DIST. 2: COMM. MISHIT DIST. 3: COMM. SCHRI DIST. 4: COMM. MACH VOTE Temp. Reso. #7119 - July 6, 1995 Revision No. 1 - July 14, 1995 Revision No. 2 - July 17, 1995 Revision No. 3 - July 19, 1995 EXHIBIT "a" 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 of 1995, by and between (the "City") and Ja es Duncan and Associates, of (the "Consultant"); City intends to UndIM i the EroierD. WHEREAS, the City desires to engagetheConsultant 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) Scol2e of AgMgment The Consultant will fumish 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) 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. 1 • (3) n i ill i . 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. (d) Arrange for access to and make all provisions for the Consultant to • enter upon public and private property as required for the Consultant to perform eq 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. A Furnish approvals and permits for all govemment 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 2 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) Period of Service (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 Consultants 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) (a) For services described in Exhibit "A", 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 (I170) for the performance of such Additional Services, unless said services are otherwise 3 C7 • • ,c 96 - 3 �, provided for. 0 (7) PayMent of Sgrviceg. (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 properly 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. (8) Ownershi2 and Rose of Documents. 0 _.AI 9 1 documents includingdrawings, 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) 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 0 4 compensation for services performed to termination date including services reasonably related to termination. In the event that the Consultant abandons this Agreement or hall indemnify S causes it to be terminated, its fY 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) 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 term of this Agreement which are applicable to Consultant, its employees, agents or consultant, if any, with respect to the work and services described herein. 01) In4u, rice. 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 5 0 Agreement until they have obtained all insurance required under this section and have supplied 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) $tan.daW of Performance. 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. (13) Indemnity. (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) Disoutes.. All claims, counterclaims, disputes, and other matters in question between 6 the City and the Consuitant arising out of this Agreement or the breach thereof shall be decided by the state of "Florida" judicial action. (15) Litigation ExQ2nSeS- 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 attorneys' fees. (16) 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. r (17) $gcgrd.s- 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" available for reimbursable expenses pertaining to this Project Said records will be a examination by City at Consultant's offices located at 15267 75th Avenue North, Palm Beach Gardens, Florida 33418. (18) 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. (18) Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and 7 0 �c - 9'�'-.? subject to supervision by the Consultant, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and,heaith insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. (20) Newg Releases/PUblicity, 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. (2'1) 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. (22) C orrigIrAeness and Accuma of Work - The Consultant shall be responsible for the completeness and accuracy of its work, P supporting plans su or in data, and other documents prepared or compiled under its 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) 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 8 involving or related in any manner to hazardous substances, as defined by Federal law. but not limited. n condition relating to a hazardous substance, specifically including If any the course of the to asbestos, is observed by the Consultant or is alleged during the right to cease all performance of the services hereunder, the Consultant shall have has been eliminated. The service hereunder until the hazardous substance condition olely hall solely the City shall Consultant shall notify the City of such condition, and conditio. the services to responsible for the elimination of the hazardous substance because of the be performed by the Consultant hereunder cannot be performedof the condition shall be existence of the hazardous substance condition, the existence in accordance with to perform deemed to be substantial failure on the part of the City ores of for the pure the temps of this Agreement, through no fault of the Consultant, termination under paragraph (10). (24) - This Agreement, or any interest herein, shall not be assigned, transferred Consultant without the prior or otherwise encumbered, under any circumstance, by " written consent of the City. This Agreement or any portion thereof, may not be without the prior written consent of the City. subcontracted (25) b consents to the use and dissemination by the Consultant The City hereby of the Project and to the use by the Consultant of facts, data and Of photographs tion obtained by the Consultant in the performance of the services hereunder. informa (26) .This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. (27) This Agreement constitutes the entire Agreement between the Consultant Th9 are merge e City, and negotiations and oral understandings between the parties and the ty, a written and/or amended onlyby herein. This Agreement can be suppi emented 9 9 �9�15 document executed by both the Consultant and the City. (28) Nglic 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: C IiY 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. 10 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. ATTEST: Carol Evans, City Clerk Date: S KEl CITY OF TAMA C B Norman Abramowitz, Ma Date: 5- s. f1 bf Roberts. Noe, Jr., City Ma • ger Date: �J • • /. g� -gig AGREEMENT BETWEEN THE CITY OF TAMARAC 0 AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) ATTEST: - � -/' 0/,-/ , � z - - -4, Witness — STATE OF FLORIDA COUNTY OF i; B. Duncan, Principal Date: d"v N If f-.r Before me personally appeared , � � 'B.—VLc -can , to me well known isand 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. �''�•�4�`\ DEBOPM MOORE . I N0t1 Ptd&- $tat d TUU •►•w FE8.4,1996 My Commission Expires: Personally known Produced Identification Did/Did Not take an oath. 0 12 —YY'\ c�n� Notary Public, State of Florida At Large nA AA —DebaY � Iy`oo-rf. Print or Type Name of Notary /to 75-/GG EXHIBIT "A" 0 EVALUATION AND APPRAISAL REPORT SCOPE OF WORK FOR CiTY OF TAMARAC COVENANT FOR SERVICES The City does hereby contract with the Consultant to perform the services agree to perform such services described herein and the consultant does hereby under the terms and conditions set forth in this contract. The consultant agrees to obtain and read, or has already obtained and rread t the contents of "Evaluation and Appraisal Reports: A Guidebook" as prep Y Florida Department of Community Affairs. WORK TASK AND PRODUCT The Consultant agrees, under the terms and conditions of this nt ct and the applicable state and Iotal laws and regulations, to undertake, perform, Workplan Report and Draft complete a Draft and Final Evaluation and Appraisalfeted Comprehensive Plan Amendments related moments of 9J 5 0055 of the Florida to. The work will be in such a way as to fulfill the minimum requi Administrative Code and s.163.3191, F.S. The Consultant will provide the following: A A draft EAR Workplan document which addresses the n9 assistanceresponsibi contractities f (� the City under its Evaluation and Appraisal Report plan contract with the Florida Department of Community Affairs. (g) Draft amendments as specified in the RFP letter. (C) raisal Report Workplan A first revision of an suggestions $bons of the CityEvaluation and document based 99 raisai Report Workplan (p) A second revision of nhe dew of the Florida Department of Community based on the sufficiency Affairs and City staff. E Draft amendments will be prepared by no later than December 1, 1995. C� 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 a (1) copy. The final draft shall be delivered in one (1) p per copY 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 on the first Monday of each month. 111 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 11, 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 II, Part B are submitted and approved by the City. 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 performanceoof work � ed yaontract No. 95-DR 72-1,1-16-02-078, to the extent allowed andunder Iw. 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 title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this Man or nogume was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Assistance 1program red authorized he aby Chapter 93-206, Laws of Florida, and a 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. c:W=wdamwspdat&Vw=WNnWkpI2 LJ • 0 EXHIBTI. ,B„ • INDIVIDUAL PRO.IECf ORDER Fa 1 adore and Anwaisal &Raft W01k- Scooe: 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, and this Individual Project Order (IPO) which is an exhibit to the Agreement IL WORK TASIG AND PRODUCT _ Under Exhibit "A" to the Agreement, the Consultant has prepared the EAR data and 10 analysis work products 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 Evaluation and Appraisal (EAR) 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 fulfill the minimum requirements of 9J-5.0055 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. Evalwdlon sad Appndod (EAR) Report (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. 0 (B) Following City staff review, appropriate modifications 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. III. DATES OF COMPLETION The tasks will be completed as follows: (A) March 15, 1996. (B) March 22, 1996. - (C) April 5, 1996. (D) May 1, 1996. IV. COMPENSATION The total compensation for the completion of the Part 1 tasks specified in Section II of this exhibit is S17,940. The Consultant will be paid 50% of the total compensation for completion of Task 1 A, 25% for the completion of Tasks 1B and 1 C, 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 manner. The cost for additional copies requested by the City of any 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 Polity for the benefit of the City of Tamarac in the maximum amount of seventeen -thousand eight -hundred forty dollars ($17,840.00). 2 C� 0 V. IDEN 111FICATION OF DOCUI IUM 18 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 end year) the document was prepared and the name of the subcontractor or recipient community responsible for its preparation shall also be shown. VL OTHER TERMS AND CONDmoNS This Addendum (Individual Project Order - Exhibit B) is subject to all terms and conditions sat 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 releasestpublicity, contract dispute, completeness and accuracy of work, hazardous substances, assignment and subcontracting, confidentiality, binding effect, merger and amendment, notices, and seversbility waiver of provisions . 3 0 CITY OF TAMARAC INTEROFFICE MEMORANDUM 6-OOSM COMMUNITY DEVELOPMENTDEPARTMENT DATE: February 1, 1996 TO: City Manager ment Director RE: Addendum to Existing Evaluation Development FROM: Community P and Appraisal Report Agreement e a• The C ommunity Development Director recommends approval of an addendum to reement selecting James Duncan and Associates the cost of $17 84provider the previously approved Ag raisal Report at the estimated for preparing Phase 11 of the Evaluation and App James Duncan and Associates olution R-95-165 roving The City Commission appr Statesmandated Evaluation tion and Appraisal Report of the City's as the consultant to complete theAffairs (DCA) provided a grant to the City Comprehensive Plan. The Florida Department of Community aired completion nt or completion of Phase 1, but State funds were not available for subsequent in the amount of $20,000.00 f P 2 phases to be of pha ses of the project. The scope of work provided withethavi g therremainii g two O an Phase I of the Evaluation and Appraisal Report (EAR) Commission for James date. It is now time for the City to complete Phase e City the EAR. Therefore, determined at a later da to be roved by the addendum to the Agreement is recommended the next phaseffof he Evaluation and Appraisal Report (EAR). Duncan and Associates to cQMn.domp — Affairs to hire a BachgL• The City received a grant from the Florida Department tt f Report Community y) of the Cie a consultant to perform the State -mandate ea bale Florida Son and tatutes, and they mandate that the City. Comprehensive Plan. rThis Aron the is Comprehensive Plan. follow the guidancep land use al* 's Comprehensive Plan, existing ,s Plan. The EAR process consists of an examination of the City Objectives and Policies in the City natural resources in the City, and an evaluation of the Goals, of in August ' tes was selected as the consultant for completion of Phase i o e James Duncan and Associates The Workplan Evaluation and Appraisal Report Workplan (Data and Analysis). of Community Affairs (November 1995, and was subsequently approved by the Florida Department 1995). ,s Plan. As part ecttves and Policies of the City Phase it of the EAR involves the review of the Go s, Obj at iv prepared a draft of the recommended s to of the original Agreement, James Duncan of Tamarac is under State requirePlanning amendments to the City's Comprehensive Plan. The City the Local Planning Agency have the proposed amendments drafted and approved by ' ion. To allow James Duncan and Associates an d�dendum t the ontinue Commission) and the City Commiss Appraisal Report, the City would need to execute Associates working on the Evaluation and App advanta eons i the City since James Duncan ve aldready began Agreement. The addendum would be g the work on Phase I, and are already familiar with Tamarac ad forhetnexdt phase of the project. taking the required steps t g Jeffrey L. Miller JLM/ps