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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-195Introduced by: /."i>-� TEMP. #901 IL C u CITY OF TAMARAC, FLORIDA RESOLUTION NO. - g -.0-ow A RESOLUTION OF THE CITY COUNCIL ACCEPTING THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND AGREEMENT WITH STATE OF FLORIDA, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Community Affairs has offered the City a Local Government Comprehensive Planning Act Assistance Fund for technical and professional 10 services in order for the City to meet the requirements of Chapter 77-465, Laws of Florida, and WHEREAS, the City wishes to accept said grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council hereby accepts the Local Government Comprehensive Planning Act Assistance Fund Program in the amount of $15,533.00 covering technical and professional services to meet the requirements of Chapter Laws of Florida, SECTION 2: That the appropriate City Officials are hereby authorized to execute this agreement. 77-465, PASSED, ADOPTED AND APPROVED this 2�9 day of ��jy�� ,1977. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. N. CITT ATTORNEY MAYOR Mi I III:[1 :;IRTY" MAYOR W. FALCK V/M H. MASSARO C/M M. WEINBERGER a',', , 0 C/M I. M. DISRAELLYa C-r- C/M M. KLI KA 42�2�' No Text STATE OF FLORIDA it -TNE sr4 �0 ,� <.. DEPARTMENT OF COMMUNITY AFFAIRS 0 REU6IN O'D. ASKEW, GOVERNOR WILLIAM H. RAVENELL, SECRETARY December 16, 'V Mr. Walter W. Falck Mayor City of Tamarac 5811 Northwest 88th Avenue Tamarac, Florida 33321 Dear Mr. Falck : DIVISION OF TECHNICAL ASSISTANCE 1977 B F - . -- , 3 Rn Enclosed please find your copy of the executed contract between the Department and Tamarac for the $15 , 533.00 planning grant. The initial warrant for $ 11, 6 4 9.7 5 , which is three- f ourths o of the grant award, is being processed and will be mailed to you as soon as possible. If you have any questions regarding the grant program, please feel free to contact me. RFB:s1 Enclosure Respectfully yours, Richard F. Barrett Local Government Assistance Specialist rector... Local Government ... Housing Assistance ... Planning & Research ... Community Development 488-2356 488-7956 488-1536 488-2356 .488-1536 2571 Executive Center Circle, East, Tallahassee, Florida 32301 I I ,,' W r-m, 1 I 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, TELEPHONE (305) 722-5900 December 2, 1977 FLORIDA 33321 Mr. William H. Ravenell, Secretary State of Florida Department of Community Affairs 2571 Executive Center Circle, East Tallahassee, Florida 30301 ` Dear Mr. Ravenell: - On behalf of the citizens and Council of Tamarac I wish officially w h to fficially thank you for the grant award and accept the funds for assisting in preparing a coordinated comprehensive planning program in order to comply with Florida's 1975 Local Government Comprehensive Planning Act. The final comprehensive plan will also provide the mechanism .. p pfor managing and planning the future physical development of our City which we have been actively pursuing for over six gears. We welcome Florida's grant as the vehicle to complete our comprehensive plan. For your information, pursuant to the re ui'rements promulgated in the q p 9 rules (9B-5,06). Tamarac will provide its matching grant amount of $7,777*00 by assigning its Director of Community Development, Mr. Richard S. Rubin, AIA, to allocate the necessary time (exceeding the matching funds) to supervise the preparation of the elements required by the . Comprehens i ve Planning Program. Transmitted with this letter are: 1. Tamarac's proposed work program (Exhibit B) 2. Three signed copies of the Agreement 3. A copy of the sub -contract with the planning consultant hired to assist Tamarac's staff /ggV cc: City Council • City Manager Ass't City Manager City Planner KWall rely yo s, W. k, City of Tamarac No Text Agreement Number: 1 1..3 : *.. LOCAL GOVERNi4ENT Cv:�IPREHENT.SIVE PLANNING ACT ASSISTANCE FUND AGREE."1ENT BETWEEN STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND CITY COUNCIL OF TAMARAC, FLORIDA THIS AGREEMENT , entered into this day of 1977, by and between the State of Florida, Department of Community Affairs (hereinafter called the "Department") with headquarters in the City of Tallahassee, and the City of Tamarac, Florida (hereinafter called the "Grantee") . WHEREAS, the Department, in furtherance of its duties under Section 16 3.0 3 , Sections 2 0.0 5 (1) , Sections 2 0.18 (1) , (5) , (8) , Florida Statutes, Chapter 77-465 , Laws of Florida,. and Rule 9B-5 , Florida Administrative Code, has determined that the Grantee is eli- gible to receive a grant under the Local Government Comprehensive Planning Act Assistance Fund Program (hereinafter called the "Program") . WHEREAS, the Grantee has resolved to accept this, grant under the conditions set forth below. NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. Scope of Services (A) The Grantee agrees, under the terms and conditions of this Agreement and the applicable state and local laws and regulations, to undertake, perform, and complete certain technical and professional services, more particularly described in Appendix A and by this refer- ence made a part. hereof . Applicable state laws and regulations include, but are not limited to Section-163.3161 et seq FS .. Chapter 77-465 P , Laws of Florida and Chapter 9B-5 F . A. C . (B) The Grantee agrees that the technical and professional services covered by this Agreement -shall not be subcontracted unless copies of any sub -contract or delegation agreements are provided to the Department. 1911 s DEPT. OF ": � i AFFAIRS ` _ 014 OF Tz�� � STAJYC Page is too large to OCR. (C) To the extent reasonably possible, the work to be performed by the Grantee shall be initiated, performed and completed in.collaboration and coordination with the programs of all local, state and federal agencies that are actively concerned with various aspects of planning and development and with any citizen planning advisory committee organized to provide citizen input. ( D ) The Department or Grantee may, from time to time, request changes in the scope of the services provided under this Agreement. Such changes, which are mutually agreed upon by and between the Department and the Grantee, shall be incorporated into this Agreement as written amendments. (E) Except..* as may be expressly provided elsewhere in this agreement, the Grantee shall perform all of the necessary services provided under this Agreement in connection with and respecting the Grantee's corporate boundaries. II. Audit Requirements (A) The Grantee, shall include in its annual post -audit an audit of the funds provided by the Local Government Comprehensive Planning Act Assistance Fund Program. (B) This audit shall identify the funds expended under this contract, including the funds provided as cash match.and/or the goods, services or other benefits provided as in -kind match. (C) A copy of the local audit report shall be forwarded to the Department within thirty ( 3 0 ) days of ter completion of the audit but in no case more than six months after the termination of the Program. III. Reports and Records (A) The Department may withhold payment if the required reports are not submitted in a timely and adequately completed manner. 0 (B) In the event all required reports are not submitted in a timely and adequate f ashion within thirty ( 3 0 ) days of the due -date, the Grantee will be informed that• further grant payments will be withheld until all reports are received in proper form. Failure to submit all reports may be cause for terminating this Agreement. d No Text n (1) The Grantee shall submit a progress report of the Program by February 1, 1978 in a format provided by the Department, (2) The Grantee shall submit an evaluation of the Program by September 15, 1978 in a format provided by the Department, (3) The Grantee shall submit an informational copy of each planning element or document produced by the Program on or before August 30, (C) 1978. The Grantee agrees to maintain adequate financial procedures and adequate s4. ,port documents to account for the expendi- ture of funds under this Agreement. Support documentation shall be maintained to identify cash -match and/or the goods, services or other benefits claimed as in -kind match. (D) The Grantee shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the grant funds awarded under this Agreement. IV. Match Requirements (A) The Grantee agrees to provide cash match in the amount of $ N.A. . (B) The Grantee agrees to provide in -kind match valued at $ 7,777.00 (C) In the event of the termination of this agreement prior to the date set forth in Part V, an assessment of the pro- portion of the s tatd grant and of the required local match expended as of that date will be made. Any portion of the state grant found not to be appropriately match and expended as of the termination date shall be returned to the Department. V. twenty-one Time of Performance The Grantee agrees to execute this Agreement within (21) days of receipt and to commence services within 3 X0 No Text z en �15) days after execution by the Department. All services offered shall be undertaken and completed in such :canner as to assure their expeditious completion in the light of the purpose of this Agreement; but in any event all the services required here- under shall be completed no later than August 30, 1978. VI. Comepensation (A) The Department agrees to pay the Grantee the total -- i ($15,533oOO sum of _14.E he pro- vision of certain technical and professional services pursuant to the Local Government Comprehensive Planning Act of 1975. (B) The Department shall pay seventy-five per centum ( 75 0 ) of the grant after the execution of this Agreement. (C) The Department shall pay fifteen per centum (15 0 ) of the grant after receipt and approval of the progress report due on February 1, 1978. (D ) The Department shall pay ten per centum (10 0 ) the grant after receipt and approval of the evaluation report, of which is due on September 15, 1978, and an informational copy of each plan document produced under this Program. (E) Payment of these state funds. pursuant to . this Agreement are subject to and conditioned upon the total release of authorized appropriations from the Local Government Comprehensive Planning Act Assistance Fund Program established by Chapter 77-465, Laws of Florida; otherwise, a pro- -rats distribution of available funds will be made. VII. Interest of Members of Department and Others No officer, member or employee of the Department, and no public official of the governing body of any locality in which the Program is situated or being carried out who exercises any functions -or responsibilities in the review or approval of the undertaking or carrying out of this Program, shall participate in any decision relating 10 I,* No Text Page is too large to OCR. No Text Page is too large to OCR. Page is too large to OCR. GENERAL WORK PROGRAM -EXHIBIT B CITY OF TAMARAC'S PLANNING PROGRAM FOR COMPREHENSIVE PLANNING I OBJECTIVE (CHAPTER 163.0 1. To ptepaxe the e eemen tz necu sati.y to comet y with the 19 75 Local Go v eAnm eri t Comptehews.i.v e Ptanni ng Act and the adopted &owan.d County Land UPS a Ptan Element with the main emrha " ditc.ee ted towa&d uttima tety achieving a coondina ted managed growth contkot P40yu m • 2. To deteAmine the anatyti.cae the wonFz pnognam in ondeA to and .Pang Rehm 6enei.i to undoc azate 6un&s . and acimi.ni,sttati.ve paname.nteAb oj receive the gne,.aieat dhont Rehm exi,sti.ng toca.2 gavennment and II COMPREHENSIVE WORK PROGRAM 1. FUTURE LAND USE PLAIN ELEMENT The work program for preparing the elements necessary to comply with Tamarac's Land Use Plan policies, mandates of Article IV of the Broward County Charter and Florida Statute 163 should be separated . into- two phases.. This division is primarily due to Broward County.'s Charter requirement that all governmental units should submit land use plans for cert i - f icat i on within six months after final adoption (6.05(E) } . This deadline wi'l.l terminate in May 1978. Secondly, the add i t Iona l m inn i ster i'a l requirements described In the Land Use Plan's Implementation Section will need a greater share of the f inanc i'a l resources than allocated to the other elements. 2. TRAFFIC CIRCULATION ELEMENT 3. GENERAL SANITARY SEWER 9 POTABLE WATER ELEMENT 4. GENERAL SOLID WASTE ELEMENT 5. DRAINAGE ELEMENT d. CONSERVATION ELEMENT 7. RECP.EATION AND OPEN SPACE ELEMENT 8. HOUSING ELEMENT 9. COASTAL ZONE PROTECTION 10. INTERGOVERNMENTAL COORDINATION ELEMENT The additional elements shown above will satisfactorily complete Tamarac's Comprehensive Land Use Plan. They are requ.i red to be completed by July 1, 1979 with a poss tble one year extension. (Section 7 of State Act.) These elements should be. developed by utilizing the most current technical studies and surveys.. They should include the most relevant information with the maximum amount of.coordtnati,on with neighboring cities and applicable County and State agencies. Tamarac will commence actual preparation of the elements after analyzing and compiling the various reports which are presently under study by other agencies. I Page is too large to OCR. I Page 2 PHASE 1-WORK PROGRAM 1. Prepare a current reproducible zoning map for submission to Broward Planning Council and general public. (IV - 2.02(d) TIME PERIOD -- 3 months 2. Prepare a reproducible land use plan complying with the C i ty's intentions (Approved on September 19, 1977) and Broward County's adopted Land Use Plan, TIME PERIOD -- 2 months 3. Prepare an analytical and demographical land use and density classification system including a detailed listing of per- mitted land uses and densities allowed within each land use classification category, parcel specific_. TIME PERIOD -- 3 months Prepare a coordinated managed growth implementation section (development review process) consistant with Broward County's Land Use Plan and Tamarac's policies related to its future phycical development. TIME PERIOD -- 6 months 5. Develop any additional information required for certification by the Broward Planning Council. The information will include but not be limited.to: 1. Data related to complying with Broward County's open space requirements* 2. Preparing land use data for each flexibility zone and subdivided into each land section. TIME PERIOD -- 1 month 6. Prepare an updated existing land use plan and accompanying statistical data for each land use parcel. TIME PERIOD -- 1 month 7. Prepare a comprehensive land use plan element manuscript con- sisting of items 1 - 6 above for review by the Local Planning Authority and adoption by the City Council. TIME PERIOD -- 1 month No Text Page 3 t PROPOSED 1977 Dec. I. Zoning Map Z. Land Use Map 3. Density Classifi- cation System 4. Develop- ment Review Process �. Additional V formation quired by oward County �. Existing Land Use Plan 1. Manuscript TIME SCHEDULE 1978 Jan. Feb. March Completion April i Completion May June J u 1 Completion PHASE 7 T Completion Completion Completion Completion FINAL ADOPTION Since various county, state and regional agencies are currently engaged in preparing parts of some elements and al I of other elements in the form of reports , In a desire to comply with the intent of the objectives of the inter -governmental coordination element. Tamarac will, therefore, initiate the preparation of the other elements outlined in the work program in the fall of 1978 with the desire to complete all of the Comprehensive Plan by July of 1979 or formally request a one year extension pursuant to the provisions of the State Act. No Text r AGREFU ENT between CITY OF TAMARAC, FLORIDA MICHAEL A. SNIFF & ASSOCIATES, INC. for a FUTURE LAND USE UPDATE CERTIFICATION DOCUMENTS TAMARAC, FLORIDA This agreement, entered into as of this 29th day of November 111977 s made by and between the City of Tamarac, Florida, hereinafter referred to as "City," and Michael A. Shiff & Associates, Inc., 2701 E. Sunrise Boulevard, Ft. Lauderdale, Florida 33304, hereinafter referred to as the "Consultant:" WITNESSETH: WHEREAS the City desires to engage the Consultant to render certain technical and professional services in the preparation of documents to assist the City in the certification process established in the Broward County Land Use Plan. NOW THEREFORE, the parties hereto do mutually agree as follows: I. SERVICES PROVIDED BY CONSULTANT A. Prepare a current reproducible Zoning map for submission to Broward Planning Council and general public. B. Prepare a reproducible land use plan complying with the City's in- tentions (Approved on September 19, 1977) and Broward County's adopted Land Use Plan. C. Prepare an analytical and demographical land use and density class- ification system including' a detailed listing of permitted land uses and densities allowed within each land use classification category, parcel specific. No Text If D. Prepare a coordinated managed growth implementation section (development review process) consistant with Broward County's Land Use Plan and Tamarac's policies related to its future physical development. E. Develop any additional information required for certification by the Broward Planning Council. The information will include but not be limited to: 1. Data related to complying - with Broward County's open space requirements. 2. Preparing land use data for each flexibility zone and subdivided into each land section. F. Prepare an updated existing land use plan and accompanying statistical data for each land use parcel. G. Prepare a comprehensive land use plan element manuscript consisting of items A - F above for review by the Local Planning Authority and adoption by the City Council, H. Assist City in preparing the reports required under Section III of the Contract between the State of Florida, Department of Community Affairs and the City of Tamarac . I. Comply with requirements of Local Government Comprehensive Planning Act Assistance Fund Agreement between State of Florida, Department of Community Affairs and the City Council of Tamarac, Florida when applic- able to Consultant, J. Consultant shall provide the City with one (1) origina.l copy of all documents and graphics. City will pay .for the printing and reproduction of all copies other than the original. II. MATERIAL TO BE PROVIDED BY CITY The City agrees to provide the Consultant with a base map of the City of Tamarac, on mylair, at a suitable scale for undertaking the scope of ser- vices and for presentation of the Future Land Use Map. Further, the City shall provide the Consultant with any and all available data, reports, documents, etc. to assist the Consultant in carrying out the Scope of Services. III.TIME OF PERFORMANCE The Consultant will undertake the performance of its services immediately upon execution of a Contract with the City of Tamarac and no later than lO December 1977. All work outlined shall be completed in an expeditious man- ner, and shall be completed no later than 01 August 1978. No Text IV. COMPENSATION AND METHOD OF PAYMENT Compensation to be paid to the Consultant .for- performance of the services as set forth in this Agreement shall be $8000.00. Payments by the City shall be made to the Consultant upon receipt of invoice for completed work. V. TERMS AND CONDITIONS TIbis Agreement is subject to the following General Terms and Conditions: A. CHANGES The City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation,. which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract . The Consultant represents .that he- has, or will secure at his own expense all personnel required in performing .the services under. "Services Provided by Consultant," under this contract. Such personnel sonnel shall not be employees of or have any contractual relationship with the City. . All services required hereunder will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services as outlined 0 the Scope of Services and shall be authorized or permitted under State and local law to perform such services. co EQUAL EMPWYNMT OPPCRT(J UTY - The Consultant will not discriminate against any - employee or applicant for employment because of race,, creed; color or national _ origin. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race t creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; rates or pay or other forms of compensation; and selection for tr4� g, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for . - employment, any notices provided by the City setting forth the provisions of this nondiscrimination clause. D COMPLIANCE WITH LOCAL LAWS - The Consultant shall comply with all applicable laws, ordinances, and codes of the State and Local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. No Text s E: T__MINATIC IN OF CONTRACT FOR CAUSE • If , through any cause , the Consultant shall " fail to fulfill. in • timely and proper manner his obligations under this Contract,. or if the Consultant shall violate any. of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant . of such termination and specifying the effective • date thereoft , at least five - days before the effective date of such termination. In such event, •all finished or unfinished documents , - data studies, and reports prepared by the Consultant under this Contract shall at the option of the City, become its property and the Consultant -shall be entitled to receive just and equitable compensation for any satisfactory work completed on such - documents. • tant shall not be relieved of NotwZth st and�ng the above, the Consul a flit to the City for damages sustained by the City by virtue 1z b Y . f an breach of the Contract by the Consult ant , and the City may of withhold an payments to the Consultant for the purpose of setoff y pYm until such time as the exact amount of damages due the City from the Consultant is determined. go TERMINATION FOR � CONVENIENCE OF THE CITY • F. ...t . • t this Contract an time by a. notice in The City may terminate Y writing from the City to the Consultant. If the Contract is terminated Y ated b the City as provided herein, the Consultant will be paid d an amount wh_nch bears thesame ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, --less payments of compensa—, tZ •on previously reviousl made: Provided, however, that if less than sixty percent of the services covered by this contract have been performed upon the effective date of such termination,. the in addition. to the above payment} Consultant shall be reimbursedt . portion of the * actual out--of—pocket expenses(not other— forthatp . wise re imbursed under this Contract ), incurred by the Consultant duringthe Contract period which are directly attributable to the P � this Contracts � If uncompleted portion of the services covered by this- Contract is terminated due to, the fault of the Consultant, Section E preceeding relative to termination shall apply. G. ASSIGNABILITY _ The Consulta nt shall not assignany interest in this Contract,. not transfer interest in the same,(whether by and shall � . or novation without the prior written approval of assignment} the Cit Y: Provided, however, that claims for money due or to become due the Consultant from the City under this Contract may be assign, ed to a blank trust company, or other financial institution, . a Trustee in B tc without such approval. Notice of or. to P Y� anyassignment such or -transfer shall be.furnished promptly to the* City. r No Text No Text 4Au ); The Honorable Walter W. Falck Mayor of Tamarac 5811 N.W. 88 Street Tamarac, Fla. 33319 Dear Mayor Fal ck, 28 November 197 Michael A. Shif 5642 NW 16th St eet Lauderhill, Fla 33313 It has been my honor and pleasure to serve on the City of Tamarac's Unsa a Structures Board these past few months. However, it is with deep regret that I mus tender my resignation at this time, effective 08 December 197T, 1chael* erely yours, f _ t Shi ff T No Text r s • IN WITNESS WHEREOF • the - City and the • Consultant have executed this Agreement this day. of * 1977 • o WITNESSES: CITY T By: TIT ANAG R By: n (SEAL) Y R ATTEST By4ICLERK ' MICHAEL A. SHIFT SOCTA4 ES.; INC. �.Al •��i M� By: (SEAL) MIC L A. S&IFF9 A For Michael A. Shif • & Associates, Inc.