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Home My WebLink AboutCity of Tamarac Resolution R-2000-136Temp. Reso. # 9017 Page 1 5/16/00 Rev. #1 - 5/16/00 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 13& A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA FOR THE PROVISION OF CERTAIN PROJECT MANAGEMENT SERVICES FOR THE SENIOR & COMMUNITY CENTER PROJECT INCREASING THE TOTAL FY00 PROJECT BUDGET TO $4,489,355.00; AMENDING THE STREETSCAPE IMPROVEMENT TRUST FUND OF ESTIMATED REVENUES AND EXPENDITURES; APPROVING BUDGET TRANSFERS; AMENDING THE GENERAL CAPITAL FUND BUDGET OF ESTIMATED REVENUES AND EXPENDITURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Facilities Development (FD), Department of Management Services, State of Florida entered into an agreement with the City of Tamarac on October 28, 1998, and subsequent amendments on January 27, 1999 and December 8, 1999, to provide certain project management services for the Senior & Community Center project, attached hereto as "Exhibit I'; and WHEREAS, the amended agreement authorizes FD to enter into agreements as AGENT for the CITY with architects, engineers, contractors, not to exceed the FY00 project budget of $4,386,920.00, subject to approval by the City Manager; and WHEREAS, additions to the scope of the Senior & Community Center project have necessitated additional budget allocations in FY00 for a total project budget of $4,489,355.00; and Temp. Reso. # 9017 Page 2 5/16/00 Rev. #1 - 5/16/00 WHEREAS, the City wishes to enter into a third amendment to increase FD's amended project authority of $4,489,355.00 by $102,435.00; $29,019.00 from the FY00 General Fund, $23,244.00 from street improvement funds, and $50,172.00 from streetscape improvement funds; and WHEREAS, the City wishes to execute the third amendment to Exhibit II of the October 28, 1999 agreement to reflect an increase in the total FY00 project budget to $4,489,355.00 and to provide for increases to the project management fee in accordance with budget increases, attached hereto as Exhibit II - Third Amendment; and WHEREAS, the City of Tamarac wishes to increase the Senior & Community Center Capital Improvement Project Budget in the amount of $95,398.00. WHEREAS, available funds exist in the Streetscape Improvement Trust Fund, General Fund, and Street Improvement Fund for said purpose; and WHEREAS, it is the recommendation of the Parks and Recreation Director and the Purchasing/Contracts Manager that the amendment to the agreement be executed; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the City of Tamarac to authorize the appropriate City officials to execute the third amendment to the agreement between FD and the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. # 9017 Page 3 5/16/00 Rev. #1 - 5/16/00 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute the third amendment to the Agreement between the City of Tamarac and Facilities Development (FD), Department of Management Services, State of Florida, attached hereto as Exhibit II -Third Amendment, to reflect an increase in the total FY00 project budget to $4,489,355.00 and to provide for increases to the project management fee in accordance with budget increases. SECTION 3: The City Commission authorizes the appropriate City Official to amend the Streetscape Improvement Trust Fund revenue account Streetscape Impact fees in the amount of $50,173.00 and appropriated said funds into interfund transfer account entitled "Transfer to General Capital Fund". SECTION 4: An interfund transfer in the amount of $50,173.00 from the Streetscape Improvement Trust Fund account entitled "Transfer to General Capital Fund" to General Capital Fund account entitled "Construction" is hereby approved for correct accounting purposes. SECTION 5: Budget transfers in the amount of $124,416.00 within the Parks and Recreation operating budget to "Transfer to General Capital Fund" account are hereby approved for correct accounting purposes. L_ 1 Temp. Reso. # 9017 Page 4 5/16/00 Rev. #1 - 5/16/00 SECTION 6: An interfund transfer in the amount of $124,416.00 from the General Fund account entitled "Transfer to General Capital Fund" to General Capital Fund account entitled "Construction" is hereby approved for correct accounting purposes. SECTION 7: Budget transfers in the amount of $23,244.00 within the Street Improvement Fund budget to "Transfer to General Capital Fund" account are hereby approved for correct accounting purposes. SECTION 8: An interfund transfer in the amount of $23,244.00 from the General Fund account entitled "Transfer to General Capital Fund" to General Capital Fund account entitled "Construction" is hereby approved for correct accounting purposes. SECTION 9: The City Commission authorizes the appropriate City Official to amend the General Capital Fund budget of estimated revenues and expenditures in the amount of $197,833.00 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 10: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 11: 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. Temp. Reso. # 9017 Page 5 5/16/00 Rev. #1 - 5/16/00 SECTION 12: This Resolution shall become effective immediately upon adoption. // PASSED, ADOPTED AND APPROVED this O� T day of 2000. ATTEST: " r' 9 � ap , v�e� tor,. NSON, CMC Y CLERK RATIFY that I have RESOLUTION ks ITCHELL S. PAF CITY ATTO EY 1 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST t: COMM. PORTNE DIST 2: COMM. MISHKIN DIST 3: COMM, SLIUXANO DIST 4: VIM ROBERTS c �j STATE OF FLORIDA Temp. Reso. #9017 - Exhibit 1 DEPARTMENT OF Nf-,kl1AGEMENT SERVICES FD PROTECT Nti�®E IRTECT NAIv E AND LOCATIOti FACILITIES DEVELOPMENT (7D) BUILDrNG 4030, SUITE 315 4050 ESPLANADE WAY TALLAHASSFE. FLORIDA -2399-0950 FORM OF AGREEMENT BETWEEN CRY AND AGENT CDT-98053000 DESIGN & CONSTRU-CTION OF SENIOR/CO`iMLNlTY CENTE TAMAR -%C, FLORIDA CITY: CITY OF T.�,.-LkR4C 7525 N.W. 83T*` AVENFUE TAM.4RaC. FLORIDA 33321-2401 TELEPHO`.EE No. 954-724-2450 FAX NO. 954-724.2408 Dor. ",;li,. A tir Temp.Reso.-I�9017 — Exhibit. 1 aG =E.�.`•:ENT Full SERViCta THIS AGPE, .N.frNT made this 28 day Gf October 1r, ;r,e ve. �' ,:cc. , , ' '�r'c.red a^d Nittc:v i=1^�. K BY A`:D BET;4cEN FACILITIES DEVELOPMENT (FD). DEPART,'1D.T OF MANAGE`TEN'T SERVICES. STATE OF FLORIDA, hereir,a;,e-.c;!ew the AGENT T or FD, anC CITY OF TAMARAC, 7525 N.W. 88rHAVEN1,E TA,',,LARAC, FL0FJDA _ _ _ _ . 2401 W'IT'i',-7ESS47:t, t,1: l�iiG.'C'S die CITE' wishes to rt:a:.^, t^_ 5,..^rIC.^S °: F17. Statutes, for providing cer;air. prcgr.-, r,.a.taz_r a se; -vices fa: [, Agree...P;c;e_: d_sc;ihed c cue cc:e- gage of this _.... NOW TP-7P FOP.E, FD and &,,_ CI",, , f:r tie - as foilows: A.^T1c1c ,=D a2r__y t° Fw"l:S' a Artic!c ?. i:c G:�' Q :d :S here:a fer4 s a S^r .. �...._ a a,,._ Arttc!c 3. ! 1 e p.'aY°Sed sc. du-1: a,,mc :...._..: hc._. fc.^-s a pa.^; °c t a n - x:.. ., is , '.� .�.. Ex^. I:. b re....c..__ a_:d ar `f,c;c G. FD is au. h°rized _... e tgineers, con -•crs, c;c. Sing FD forr;s a,J 1otr. +�agre_..,e^� w a. c t:c seiec:cd a:chitcc:s, to t .c C;�r cans :c• °n C. t4°sc �-- _ ❑. " YrC;c� arcs apYrov: b;v t�_ Ci:}, for the dcsig bidding and p.. s °: c,_ _. a.,i va:e� writ OW ER for r:.^eses of" those n� a. c, i �g E; tFe a a:. D w1i a s t^,� 0'.;�� A, ENT. `;ti idc CI i :' wiil Ee sic- su_r a7-rcemCn:Z. is is - s ar., a_ __..._..a s`aii to ,..c ra_-.cJ L-a: all °::.... _.._. .-:5LCns;!- ::,.es c: a._ CI i r" C�a av2 ,..-4,a_ _-__..^a: FlGric_. ^: _ t ds �t 1t~1 - w' ur. cc Ci"y'oc Ta- arac G^ Ioricaw_ here:., oo. .�iil be rrad_^ t-. Ci o: Ta- r y -_ y rr �cc a�. :orida, ase.. cr. =- »: c: _ r. _... FD. rlrs _-.v r _::n 7�c`, but flocs agree not to commit ftir.ds in cicess of this budget w thoe�r�utuaReSOmerit9�fJn Amendmen io thls agrecment authorizing such increase. Article 7. FD's administrative l bas fees for the various program manaeement services are based on services as shown in 0 Exhibit I and shall be as follows: SIXTY NINE THOUSAND. D. TNR-EE HUNDR-ED TEN DOLLARS (S69.3 10 00) if the Project Budget is increased in excess of S2SO,000.00 then FO fee shall be increased by 2.0% of the revised budget in excess of S3,2SO,000,00, Article 8. FD's administrative fees prescribed in Article 7 hereinabove, will be invoiced once for the total amount due and are to be made in 12 payments. EIeven consecutive monthly payments will be made against the invoice for. the total amount - 1001, retainage divided by 11. A 10% retainage will be held, to be paid as the final payment when project is compacted. .T69,310.00 - 6,970.00, I 1 Months a S5,670.00 l i Equal Monthly Paymcnts of S5.670.00 1 Finn! Monthly Payment of S6,930.00 Article 9. Additional Services will be perforated for a separate fee to be negotiated and authorized later. Such services may include, but are not limited to the following: Attendance at Special Board meetings or workshops in excess of the following: • DMS Selection • A/E SeIecxion • CM Selection For providing some of the additional services shown above, FD will have to obtain proposals from outside consultants and submit them to the CITY for approval. Article 10. This Agi ent may be terminated by either party upon seven (7) days' notice by mutual agreement. or should one parry fail substantially to perforce in accordance with its terms through no fault of the other. In case of termination by mutual agreement, FD, its Contractors and Architect -Engineer's shall be paid for services performed up to the date of terminazion. 0 Temp. Reso. #9017 - Exiiibit; 1 • AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA The CITY OF TAMARAC and Facilities Development (FD) Department of Management Services, State of Florida, mutually agree to amend the original Agreement for the project management services for the Senior & Community Center, dated October 28, 1998, as follows: 1. Article 7: FD's administrative fees for the various program management services are based on services as shown in Exhibit I of the Agreement dated October 28, 1998 shall be as follows: SIXTY NINE THOUSAND, THREE HUNDRED TEN DOLLARS (S69,310.00) If the Project Budget is increased in excess of $250,000.00, then FD fee shall be increased by 2.0 % of the revised budget in excess of S4.244,217.00. 2. Exhibit II of the Agreement dated October 28. 1998 Project Budget shall be amended as fcllov.s: Construction Budget $3,195,374.00 Total FY99 Project Budget S3,994,217.00 �. All other provisions of the original specifications and agreement shall remain in effect as written. unless modified by a later written amendment, signed by the parties hereto. The ReTa!nder of This Fagg Left Blanc Intznt:or,a. Teiap. Re:so. 499i7 — ExAibit 1 IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates •under each signature. CITY OF TAMARAC, t,nrough its Mayor AND FACILITIES DEVELOPMENT (FD) DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, signing by and through its Contracts Administrator, duly authorized to execute same. Attested: e By: Carol Gold City Clerk • As Witnessed: BY: 0 CITY OF TAMARAC 7525 NW, 88`" AVENUE TAMARAC, FLORIDA 33321-2401 APPROVED: By: Joe Schreiber Mayor Revie,ried and Aaproved As To Form d B y. .titche!I S. Kr i" City Attorney ' ByV4 Robes S. Noe, Jr. � City Manager FACILITIES DEVELOPMMENT DEPARTIMEii1T OF MANAGE'MEI 1T SERVICES STATE OF FLORiD.M By H, R. HCug: Con'racts Admm; ,ra;3- A� v. As T- Fo',., a7c Leca'.;y. o Ce c f Gen a' c-�!,jr,se!;. Ser✓ices S'a'_ Cf F!cr;da Temp. Reso. #9017 - Exhibit; 1 EXHIB' T h • SECOND AMENDMENT Temp Reso. # 8836 Rev 1 - 12/1/99 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA The CITY OF TAMARAC and Facilities Development (rD) Departmert of P.,lanagement Services, State of Florida, mutually agree to amend the original Agreement for the protect management services for the Senior & Community Center dated October 28. 1998, as follows: 1. Article 7: FD's administrative fees for the various program managemen: services are based on services as shown in Exhibit I of the Agreement dated October 28. 1998 shall be increased to $$75.648.00. Further, if the Project Budget is increased, then FD's fee srail to l^creased by 2% of the revised budget in excess of S,:,398.920 00 2. Exhibit II of the Agreement Catec October 28. 1998 Pro;evt BAc:ct shai be arenderl as follows-. Construction Budget $3,954,585 CC Total FY00 Proiect Bucge: 4.386.920.00 3. All other provis1ons cf the origiral specificatiors and agree7er; s~a'l re,a-n ir, effect as . written. unless mcdFed by a laser written arnendment, signed b/the oG es hereto. Tne Rerra,r.ce, „ .n:s Page Left 6!91"'K intert, a y 0 Temp. Reso. #k9017 - Exhibit 1 EXHIBIT II - SECOND AMENDMENT Temp. Reso. # 8836 IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respeCtive dates under each signature. CITY OF TAMARAC, through its Mayor AND FACILITIES DEVELOPMENT (Fp) DEPARTMENT OF MANAGEMENT" SERVICES, STATE OF FLORIDA, signing by and through its Contracts Administrator, duly authorized to execute same. Attested: B: y Carol Goh9cmcjAAE City clerk As Witnessed: 0 AdwrA W-t/ CITY OF TAMARAC 7525 N.W. 881" AVENUE TAMARAC, FLORIDA 33321.2401 APPROVED: (/ By: i Joe Schreiber ' Mayor As To Form City Attorney �Gu GLvC�-�-� Je ey L. Miller Ity Manager FACILITIES DEVELOPMENT DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA Approved: By: N H. R. Houg Contracts Admini tor, Approved As To Form and Legality: By: tf-�44'(� 41 Office of General Cou el Department of Management Services State of Florida . EXHIBIT II - THIRD AMENDMENT Temp. Reso. # 9017 05/08/00 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA The CITY OF TAMARAC and Facilities Development (FD) Department of Management Services, State of Florida, mutually agree to amend the original Agreement for the project management services for the Senior & Community Center dated October 28, 1998, as follows: Article 7: FD's administrative fees for the various program management services are based on services as shown in Exhibit I of the Agreement dated October 28, 1998 shall be increased to $77,657.00. Further, if the Project Budget is increased, then FD's fee shall be increased by 2% of the revised budget in excess of $4,489,365.00. 2. Exhibit II of the Agreement dated October 28, 1998 Project Budget shall be amended as follows: Construction Budget $4,055,320.00 Total FY00 Project Budget 4,489,355.00 3. All other provisions of the original specifications and agreement shall remain in effect as written, unless modified by a later written amendment, signed by the parties hereto. The Remainder of this Page Left Blank Intentionally. 0 • EXHIBIT II - THIRD AMENDMENT Temp. Reso. # ALO IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates under each signature. CITY OF TAMARAC, through its Mayor AND FACILITIES DEVELOPMENT (FD) DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, signing by and through its Contracts Administrator, duly authorized to execute same. As Witnessed: CITY OF TAMARAC 7525 N.W. 88t'AVENUE TAMARAC, FLORIDA 33321-2401 APPROVED: FACILITIES DEVELOPMENT DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA Approved: i By: �, A H. R. H ugh Contracts Administr for Approved As To Form and legality: By: 4/ ' Office of Oeneral Counsel Department of/Management Services State of Florida EXHIBIT I1 - THIRD AMENDMENT Temp. Reso. # 9017 05/08/00 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA The CITY OF TAMARAC and Facilities Development (FD) Department of Management Services, State of Florida, mutually agree to amend the original Agreement for the project management services for the Senior & Community Center dated October 28, 1998, as follows: Article 7: FD's administrative fees for the various program management services are based on services as shown in Exhibit I of the Agreement dated October 28, 1998 shall be increased to $77,657.00: Further, if the Project Budget is increased, then FD's fee shall be increased by 2% of the revised budget in excess of $4,489,355.00. 2. Exhibit II of the Agreement dated October 28, 1998 Project Budget shall be amended as follows: Construction Budget $4,055,320.00 Total FY00 Project Budget 4,489,355.00 3. All other provisions of the original specifications and agreement shall remain in effect as • written, unless modified by a later written amendment, signed by the parties hereto. The Remainder of this Page Left Blank Intentionally. • C� EXHIBIT II - THIRD AMENDMENT Temp. Reso. # qo I r% IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates under each signature. CITY OF TAMARAC, through its Mayor AND FACILITIES DEVELOPMENT (FD) DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, signing by and through its Contracts Administrator, duly authorized to execute same. As Witnessed: CITY OF TAMARAC 7525 N.W. 88th AVENUE TAMARAC, FLORIDA 33321-2401 APPROVED: n By: Joe Schreiber Mayor o Form Mitch'ell S. Kra City Attorney Je-ftrey L. Miller City Manager FACILITIES DEVELOPMENT DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA Approved: / By: / H. R. Hough Contracts Adminis ator Approved As To Form and Legality: r By: CL'�' Office of Peneral Counsel Department of Management Services State of Florida