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
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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).
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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.
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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
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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
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
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provided for.
(7) payment Qf Se[YiCeS.
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(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
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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) 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
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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
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the City and the Consultant arising out of this Agreement or the breach thereof shall be
decided b the state of "Florida" judicial action.
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(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
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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.
(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
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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
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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.
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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.
ATTEST:
Carol Evans, City Clerk
Date: S
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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.
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Jul 6, 1995 - Temp. Reso. #7119
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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.
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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.
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(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
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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
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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
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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
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
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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,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
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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.
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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.
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:
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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.
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—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.
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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
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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.
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(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).
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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 .
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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