HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-154June 14, 2000 - Temp Reso #8959 1
Revision No. 1 - June 7, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- / z-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO AMEND THE CONTRACT FOR
CONSULTING SERVICES TO COMMUNITY
REDEVELOPMENT ASSOCIATES OF FLORIDA,
INC. (CRA), THE SUCCESSFUL BIDDER TO LOI-
98-L-04, TO ALSO INCLUDE ADMINISTRATION
OF THE FIRST YEAR OF THE CITY OF
TAMARAC'S CONSOLIDATED PLAN (A
REQUIRED DOCUMENT TO RECEIVE THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT [HUD] COMMUNITY
DEVELOPMENT BLOCK GRANT [CDBG]
PROGRAM FUNDS) FOR ADMINISTRATIVE
SERVICE FEES RENDERED OCTOBER 1, 2000
THRU SEPTEMBER 30, 2001; CASE NO. 7-MI-
00; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida has been notified of its eligibility as a direct
entitlement City to receive $353,000.00 of the United States Department of Housing and
Urban Development (HUD), Community Development Block Grant (CDBG) Program funds
for its Fiscal Year 2000; and
WHEREAS, the City of Tamarac is required to submit a Consolidated Plan detailing
the eligible programs and activities to be funded by the Fiscal Year 2000 grant to the U. S.
Department of Housing and Urban Development by August 15, 2000 for approval; and
WHEREAS, upon approval of the Consolidated Plan, the effective date for grant
1
June 14, 2000 - Temp Reso #8959 2
Revision No. 1 - June 7, 2000
funding is October 1, 2000; and
WHEREAS, administrative services are required to successfully implement and
monitor the programs and activities contained within the City's Consolidated Plan and First
Year's Action Plan; and
WHEREAS, expenditures for administrative services is an eligible expense with a
maximum expenditure of 20 percent (20%) of an entitlement city's annual grant allocation;
and
WHEREAS, Community Redevelopment Associates of Florida, Inc. was awarded
the contract to prepare the City's Consolidated Plan (Resolution No. R-99-181 attached
hereto as Exhibit "B") on July 14, 1999 for $60,000.00 and has offered to administer the
First Year of the City's CDBG Grant for an annual amount not to exceed $10,000.00
(attached hereto as Exhibit "A" - Temp Reso #8959); and
WHEREAS, the Director of Community Development recommends approval; 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 authorize the
appropriate City Officials to amend the contract for consulting services to Community
Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-L-04, to
also include administration of the First Year of the City of Tamarac's Consolidated Plan (a
required document to receive the U.S. Department of Housing and Urban Development
[HUD] Community Development Block Grant [CDBG] Program funds) for administrative
service fees rendered October 1, 2000 thru September 30, 2001.
1
June 14, 2000 - Temp Reso #8959 3
Revision No. 1 -- June 7, 2000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That the appropriate City Officials are hereby authorized to
amend the contract for consulting services to Community Redevelopment Associates of
Florida, Inc. (CRA), the successful bidder to LOI-98-L-04, to also include administration of
the First Year of the City of Tamarac's Consolidated Plan (a required document to receive
the U. S. Department of Housing and Urban Development [HUD] Community Development
Block Grant [CDBG] Program funds) for administrative service fees rendered October 1,
2000 thru September 30, 2001, and to execute said Amendment (attached hereto as
Exhibit "A")
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
C]
fl
1
4F('TI()N ri
passage and adoption.
June 14, 2000 -- Temp Reso #8959 4
Revision No. 1 - June 7, 2000
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of jLL1X-C- ._ , 2000.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWE SON CMC
INTERIM CITY CLERK
I HEREBY CERTIFY that I
have approved this
RE�SQLVJTION_as to forrp
TCHELL SUKRAFT
CITY ATTORNEY
commdev\u: \pats\use rd ata\wpd ata\res\8959reso
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER , Lt-.
D $T 2: COMM. MISHKIN ___,._____
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS �'
EXHIBIT "A"
TEMP RESO #8959
C
AMENDMENT
TO
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC.
FOR
PROGRAM ADMINISTRATIVE SERVICES
COMMUNITY DEVELOPMENT BLOCK GRANT
OCTOBER 1, 2000 THRU SEPTEMBER 30, 2001
The CITY OF TAMARAC (City) and COMMUNITY REDEVELOPMENT
ASSOCIATES OF FLORIDA, INC. (Contractor) agree to amend the original
Agreement dated July 14, 1999 as follows:
The City and Contractor amend the Contract to prepare the City's
is Consolidated Plan to include the administration of Community Development
Block Grant (CDBG) Programs for a period beginning October 1, 2000 through
September 30, 2001.
The Contractor shall bill monthly for administrative services provided
during the period October 1, 2000 thru September 30, 2001, for services
described in Attachment "1" (attached hereto). The total amount billed shall not
exceed $10,000.00 for services rendered during the entire period.
All other portions of the original Agreement are in effect as written.
(The Remainder of this page left blank intentionally)
rI
EXHIBIT "A"
TEMP RESO #8959
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment 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, Joe Schreiber, duly authorized to execute same.
ATTEST:
Marion Swenson, CMC
Interim City Clerk
Date: &P L'�c I 6
•
ATTEST:
(CORPORATE SEAL)
•
CITY OF TAMARAC
By.
r Joe Schreiber, Mayor
Date -
By. Jeffey L. Miller
City Manager
Date: f Z-D `" �'
Community Redevelopment
Associate"f Florida, Inc. �,
kndM* Azeobeokhai
Senior Vice -President
2
1 0
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EXHIBIT "A"
TEMP RESO #8959
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 267" day of
, 2000 by A-(1)a (name of
officer or agent, title of officer or agent) of GernMu�ti%( Rf.��l m� sstX, .r;rr��
(name of corporation acknowledging), a r)-* (state or
place of incorporation) corporation, on behalf of the corporation. He is personally
known to me hv 1C)01 5-7 tOO-0
(type of identification) as
identification and did (did not) take an oath.
State of Florida
Lmf
wr
',a Katherine B Randall "M
Icmy Commission CC742646 Print, Type or Stamp Name of
,.,7/ Expires May 14, 2002 Notary Public
3
EXHIBIT '"B"
TEMP RESO #8959
June 28, 1999 - Temp. Reso. #8654 1
Revision No. 1 - July 6, 1999
Revision No. 2 - July 8, 1999
Revision No. 3 - July 12. 1999
a
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- j �/%
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO AWARD A CONTRACT FOR
CONSULTING SERVICES TO COMMUNITY
REDEVELOPMENT ASSOCIATES OF FLORIDA,
INC. (CRA), THE SUCCESSFUL BIDDER TO LOI-
98-L-04, FOR PREPARATION OF A
CONSOLIDATED PLAN, A REQUIRED
INCLUSION TO THE CITY'S UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION,
AND AN APPROVED ELEMENT OF LOI-98-L-04:
CASE NO. 8-MI-99; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is proactive in its efforts to max:mize ",e use cf,
grants and funding sources to accomplish its established goals and ob;ectives: and
WHEREAS, the City of Tamarac has published its Request for Utter cf Interest.
LOI-98-L-04, for Community Development Block Grant (CDBG) Program "Management ano
Administrative Support on October 23, 1997 (attached hereto as Attacr,ment "2" ): and
WHEREAS, the Community Redevelopment Associates of Floriaa, is c. ; CRAI was
the successful bidder for LOI-98-L-04 for Community Development Blccx Grant ; CDBG;
Program Management and Administrative Support: and
June 28, 1999 - Temp. Reso. ##8654 2
Revision No. 1 - July 6, 1999
Revision No. 2 - July 8, 1999
Revision No. 3 - July 12, 1999
WHEREAS, the Scope of Work (contained in Attachment 1129)) included the
and process required for the City of Tamarac to become a direct entitlementanalysis
city for the
United States Department of Housing (HUD) and Urban Development's p Community
Development Block Grant Program; and
WHEREAS, the City of Tamarac adopted Resolution R-99-136 on May 26
Y 1999 to
Opt -Out of Broward County's Urban County Agreement and make re arati p p ons to submit
an application to HUD for direct entitlement of Community Development Block
(CDBG) Program funds; and Grant
WHEREAS, a HUD Application for Direct Entitlement requires the inclusion
of a
Comprehensive Consolidated Plan detailing the City's needs and the eligible
g ble programs
meeting national objectives the City will submit for HUD approval as the City's
Program; and y s CDBG
WHEREAS, the Scope of Work contained in LOI-98-L-04 required a se
contract for preparation of application to HUD to become a direct entitleseparate
entitlement City; and
WHEREAS, the contract for the Community Redevelopment Associates of Florida,
Inc. (CRA) to prepare the City's Consolidated Plan is a
attached hereto as Attachment "1 ";
and
WHEREAS, the projected $60,000.00 cost to prepare the Consolidated Pl
an is a
reimbursable expense to the City's CDBG Program which will be reimbursed dur
ing the
City's first program year's allocation of October 2000; and
•
and
June 28, 1999 - Temp. Reso. #8654 3
Revision No. 1 - July 6, 1999
Revision No. 2 - July 8, 1999
Revision No. 3 - July 12, 1999
WHEREAS, the City has appropriated funds for this purpose in Fiscal Year 1999;
WHEREAS, the Director of Community Development recommends approval; 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 authorize the
appropriate City Officials to award a contract for consulting services to Community
Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-L-04,
for preparation of a Consolidated Plan, a required inclusion to the City's United States
Department of Housing and Urban Development (HUD) Community Development Block
Grant Application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That the appropriate City Officials award a contract for
consulting services to Community Redevelopment Associates of Florida, Inc, (CRA), the
successful bidder to LOI-98-L-04, for preparation of a Consolidated Plan, a required
01
•
June 28, 1999 - Temp. Reso. #8654 4
Revision No. 1 - July 6, 1999
Revision No. 2 - July 8, 1999
Revision No. 3 - July 12, 1999
inclusion to the City's United States Department of Housing and Urban Development
(HUD) Community Development Block Grant Application, and an approved element of LOI-
SECTION 3: The award of the Contract (attached hereto as Attachment "1 ")
to the Community Redevelopment Associates of Florida, Inc. is HEREBY APPROVED and
all appropriate officials are authorized to execute the Contract between the parties.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
June 28, 1999
Revision No. 1
Revision No. 2
Revision No. 3
Temp. Reso. n8654 5
- July 6, 1999
- July 8, 1999
- July 12, 1999
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL GOL , CMC/AAE
CITY CLERK
I �EB,Y CERTIFY that I
have ap' roved this
RESOL;JTION as-tg fo .
L-1 - _/ �'
MITC14ELL
CITY ATTORNE
Commdeft: \pats\userdata\wpdata\res18654reso
L�
�t
day of f.-- , 1999.
JOE SCHREIBER
MAYOR
RECORD OFF�CO}AII AWON VOTE
�
MAYOR �M I I1K_
DIS! 1: Comm. PORTNER _.&b r
DIST 2: VIM MISH?GN
DIST 3: COMM. SiATANCIf "! /��
DI.ST 4: COMM. ROBERTS
•
•
Temp Reso#8076 1
Revision No. 1 - January 20, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO R-98 -,�9
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AWARDING A CONTRACT FOR
CONSULTING SERVICES TO COMMUNITY
REDEVELOPMENT ASSOCIATES OF
FLORIDA, INC. AS SUCCESSFUL BIDDERS
OF LOI-98-L-04; CASE NO. 1-MI-98;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is proactive in its efforts to maximize the use of
grants and funding sources to accomplish its established goals and objectives; and
WHEREAS, the City of Tamarac had published its Request for Letter of Interest,
LOI-98-L-04, for Community Development Block Grant (CDBG) Program Management and
Administrative Support on October 23, 1997; and
WHEREAS, funding is available in the General Fund for said purposes; and
WHEREAS, bids were evaluated by the Evaluation Committee, based on
knowledge, experience, and responsiveness, which resulted in the following scores; and
Community Redevelopment Associates of Florida, Inc
Craig Smith & Associates
Florida Planning Group, Inc.
.I .
60.2
TEMP RESO #8654
ATTACHMENT 2
•
0
Temp Reso#8076 2
Revision No. 1 -- January 20, 1998
WHEREAS, the most responsive and responsible bid was received from the
Community Redevelopment Associates of Florida, Inc.; and
WHEREAS, a list of projects, identified as Exhibit A, and a corresponding contract,
identified as Exhibit D, details the work product desired and their costs; and
WHEREAS, it was the unanimous decision of the Evaluation Committee, comprised
of the Community Development Director, the Code Enforcement Manager, the Planning
and Zoning Manager, the Investment Analyst, the Parks and Recreation Director, and the
Public Works Director, to select the Community Redevelopment Associates of Florida, Inc.
as the most responsive firm, and;
WHEREAS, it is the recommendation of the Director of Community Development
that the contract, based on LOI# 98-L-04, be awarded to Community Redevelopment
Associates of Florida, Inc.; 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 maximize its
potential for receipt of grants and funds to accomplish its goals and priorities for the
citizens of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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.
Temp Reso#8076 3
Revision No. 1 — January 20, 1998
SECTION 2: That the City accepts Exhibit A, entitled "Scope of Projects" and
Exhibit B, entitled "Fee Schedule"; and Exhibit C, entitled "Report and Analysis with
Attachments 1, 2, and 3".
SECTION 3: That the award of the contract, Exhibit D, to the Community
Redevelopment Associates of Florida, Inc. is HEREBY APPROVED and that all
appropriate officials are authorized to execute the contract between the parties.
SECTION 4. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
r
LJ
Temp Reso#8076 4
Revision No. 1 - January 20, 1998
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED'AND APPROVED this a -9 day of , 1998.
OE SCHREIBER
MAYOR
ATTEST:
PATRICIA MARCURIO
ASSISTANT CITY CLERK
1 HEREBY CERTIFY that I
have,�pproved this
RESOLUTION as to form.
MlTCHELL S. KRAF
CITY ATTORNEY
C/reso8076cracdbg
11
MAYOR RECORD CHEOIBER MMISSI N VOTE
DIST 1: COMM. McKAYE
DIST 2: WO MISHKIN
DIST 3: COMM. SULTa?-,.,:1-
DIST 4: COMM. ROBERTS
0 SCOPE OF WORK
PROJECT A
CDBG APPLICATION FOR PLANNING & ENGINEERING
SENIOR CENTER
INVOLVES: EVALUATING EXISTING DOCUMENTS AND INTERVIEWING
;PPROPRIATE DEPARTMENTS FOR INFU T ON THE LOCATION AND
CONSTRUCTION OF A SENIOR CENTER. PRELIMINARY DETERMINATION
OF THE FACILITY AND PARCEL SIZE REQUIRED, SITE SELECTION AND
RECOMMENDATION, CONSTRUCTION COST ESTIMATES, IDENTIFY CDBG
FUNDING SOURCES, AND IDENTIFYING OTHER FUNDING SOURCES.
PREPARING THE NECESSARY APPLICATION FOR PLANNING &
ENGINEERING NECESSARY FOR A SENIOR CENTER IN THE CITY.
PROVIDE NECESSARY MANAGEMENT OF THE GRANT APPLICATION
THROUGH TO ITS SUBMITTAL TO BROWARD COUNTY COMMUNITY
DEVELOPMENT DIVISION FOR CONSIDERATION.
MANAGEMENT OF THE FUNDED GRANT PROJECT THROUGH
COMPLETION ITS' COMPLETION WOULD REQUIRE A SEPARATE
CONTRACT BETWEEN THE CONSULTANT AND THE CITY BASED ON
SCHEDULE OF FEES SUBMITTED AND ACCEPTED.
ANY ADDITIONAL FUNDING SOURCE GRANT APPLICATIONS WOULD
REQUIRE A SEPARATE CONTRACT BETWEEN THE CONSULTANT AND
THE CITY ONCE THE SCOPE OF THE APPLICATION IS KNOWN.
PROJECT B
CDBG APPLICATION FOR CONSTRUCTION AND REDEVELOPMENT
CAPORELLA PARK
INVOLVES: PREPARING A CDBG APPLICATION FOR CONSTRUCTION
COSTS ASSOCIATED WITH IMPROVEMENTS TO CAPORELLA PARK, A
NEIGHBORHOOD PARK. IMPROVEMENTS INCLUDE AMENITIES OF SAND
VOLLEYBALL, FITNESS TRAIL, REST ROOMS, SHELTERS, BASKETBALL
COURTS, SMALL BUILDING, PLAYGROUND WITH SURFACE AND A NEW
BRIDGE. ESTIMATES OF AMENITITES ARE $295,000. CONSTRUCTION OF
A NEW PARKING LOT, RIGHT HAND TURN LANE, IRRIGATION,
LANDSCAPING, FENCE, AND LIGHTING HAVE BEEN ESTIMATED AT
$220,000.
THE ANALYSIS OF THE REDEVELOPMENT SHOULD INCLUDE MEETING
WITH APPROPRIATE DEPARTMENTS FOR INPUT AND REVIEWING
EXISTING CITY DOCUMENTS TO PREPARE BEST APPROACH FOR CDBG
APPLICATION AND ADDITIONAL FUNDING SOURCES. PROVIDE
NECESSARY MANAGEMENT OF THE GRANT APPLICATION THROUGH ITS
rvtJlQiT A
SUBMITTAL TO BROWARD COUNTY'S COMMUNITY DEVELOPMENT _
DIVISION.
MANAGEMENT OF THE FUNDED GRANT PROJECT THROUGH
COMPLETION ITS' COMPLETION WOULD REQUIRE A SEPARATE
CONTRACT BETWEEN THE CONSULTANT AND THE CITY BASED ON
SCHEDULE OF FEES SUBMITTED AND ACCEPTED
ANY ADDITIONAL FUNDING SOURCE APPLICATIONS WOULD REQUIRE A
SEPARATE CONTRACT EXECUTED BETWEEN THE CONSULTANT AND
THE CITY ONCE SCOPE OF APPLICATION IS DETERMINED.
PROJECT C
ANALYSIS AND REPORT
CITY'S BENEFIT TO BECOME AN H.U.D. ENTITLEMENT CITY
AND A RECIPIENT OF THE STATE'S S.H.I.P. PROGRAM FUNDS.
INVOLVES: AN ANALYSIS OF THE CITY'S PRESENT POSITION IN ITS
AGREEMENT WITH BROWARD COUNTY AND THE CITY'S POTENTIAL TO
BECOME A H.U.D. ENTITLEMENT CITY TO RECEIVE AND UTILIZE HUD
FUNDING. THE APPROPRIATE USES OF HUD FUNDS, ITS BENEFITS AND
KNOWN DRAWBACKS. THE IDENTIFICATION OF DOCUMENTS AND
APPLICATIONS NECESSARY TO PURSUE ENTITLEMENT STATUS AND
PREPARATIONS NEEDED TO BECOME A H.U.D. RECEIPIENT.
IDENTIFICATION OF PROGRAM ADMINISTRATION ALTERNATIVES AND
THE BENEFITS AND DRAWBACKS ASSOCIATED WITH EACH
ALTERNATIVE. A COMPLETE TIMELINE OF NECESSARY PREPARATION
AND STEPS FROM THE INTEREST TO BECOME AN ENTITLEMENT CITY
THROUGH ITS COMPLETION WITH RECEIPT AND USE OF ENTITLEMENT
MONIES.
AN ANALYSIS OF THE STATE OF FLORIDA'S STATE HOUSING INCENTIVES.
PROGRAM, (S.H.I.P.) AND ITS REQUIRMENTS, BENEFITS AND
DRAWBACKS FOR THE CITY TO BECOME A DIRECT RECIPIENT OF STATE
FUNDS. A DESCRIPTION OF THE PROGRAM APPLICATIONS AND HOW
THEY WOULD BENEFIT THE CITY AND ITS RESIDENTS. A DETAILED TIME
LINE OF THE S.H.I.P. PROGRAM APPLICATION PROCESS THROUGH TO
RECEIPT AND USE OF FUNDS. IDENTIFICATION OF ALL KNOWN
DOCUMENTS AND PROCESSES NECESSARY TO PARTICIPATE IN THE
SHIP PROGRAM.
THE EXECUTION OF SUGGESTED ANALYSIS OF H.U.D. ENTITLEMENT
CITY APPLICATION OR THE STATE'S S.H.I.P. PROGRAM APPLICATION
WILL REQUIRE SEPARATE CONTRACTS BETWEEN THE CONSULTANT
AND THE CITY.
2
Community
L. Redevelopment
Associates
of Fld"rida, Inc. Urban Affairs Consultants Lic. Real Estate Brokers
Health Care • Government/Legislation • Finance • Campaign Logistics Real Estate
December 22, 1997
Ms. Cindy Diemer, Code Enforcement Manager
City of Tamarac
7525 NW 88`h Avenue
Tamarac, Florida 33321-2401
Dear Cindy:
As per our telephone conversation last week, enclosed are copies of the scope of services, and a
draft copy of the contract to be reviewed by your City-Attomey.-
Exhibit "A" of the contract details the scope of services, and the coer
"Analysis and Report on the City's Entitlement Status" (Part "C") on your scope of services, we
have done at no cost to the City.
Should you have any questions, please do iiot hesitate to contact me.'
Sincer y,
And Azebeokhai
Senior Vice President
Enclosures
ma.=atMdtam& wpd
•
Respond to:
7 10221 Taft Street Suite 2 • Pembroke Pines. FL 33026-2S41 • Broward: 431-7866 • FAX Browsrd: 431-6882
0 PROFESSIONAL SERVICES AGREEMENT
•
C.
EXHIBIT "A"
SCOPE OF SERVICES
Generalized urban affairs consultation.
1. Grant Application for Broward County for
Community Development Block Grant (CDBG) funding.
(See Attachment 1.)
Project A: Senior Center: Planning & Engineering
Project B: Caporella Park Construction & Redevelopment
Total cost for both applications: $12,300.00
2. Analysis and Report on Entitlement Status.
(See Exhibit C)
Total cost: No charge.
3. State Housing Initiative Grant (SHIP) application
Preparation to State of Florida for entitlement
status and direct funding.
(See Attachment 2)
Total Cost: $15,000
APPROVED DECLINED
APPROVED,,, DECLINED
4. Community Development Block Grant (CDBG)
Application to Housing and Urban Development (HUD)
for entitlement status and direct funding.
(See Attachment 3)
Total Cost: To be negotiated.
•
pgoEESSIONAL SERVICES AG ZIMM
E n tt
FEE ECHrOULE
_.Descr' Rate
Review Supervisor . . . . . . . $ 125.00 per hour
Project Supervisor . $ 95.00 per hour
Project Coordinators)/Associate(s) $50.00 to 75.00 per hour
Research Assistants . . . . . . . . . $25.00 to 40.00 per hour
Administrative Assistant/Clerical . . . . . . $ 9.50 per hour
Data Processing (input/Analysis) . . $ 8.50 per hour
Travel (local) . $ 0.275 per mile
Travel (per diem) - - - $ 95.00 per day
. Transportation Cost(air fare/car rental/etc.) Actual Cast
. . . . . . . . . . . . . . . . . . . . .
Other(i.e. postage, photocopying, telephone, etc•)
Actual Cost
•
EXHIBIT B
•
_ introduction
11
C. (See Attachments 2 & 3)
According to the most recent population estimates from the U.S. Census Bureau, the
C:+s.of Tamarac's population is greater than 50,000. This creates new opportunities for
the City of Tamarac. The City now has the opportunity to opt -out of Broward County's
urban county program and initiate its own State and Federal community development
programs. At this point, the City would not be able to draw its own Federal funds until
the Fall of 1999. However, if the appropriate steps are taken quickly, the City could be
drawing State funds by July 1, 1998.
what does it mean to opt -out?
The inter -local agreement is a program through which cities in Broward County agree
to be under both the Community Development and Housing Finance Departments of
Broward County. The County uses each City's population and needs to get CDBG
funds from the US Department of Housing and Urban Development (HUD) and SHIP
funds from the State of Florida. In turn, the County creates the programs and
coordinates all of the administrative requirements. The opt -out process takes place
when a city decides to no longer participate in the inter -local agreement with Broward
County and becomes and entitlement city. Presently, the City of Tamarac receives its
funds (CDBG and SHIP) through Broward County. As an entitlement community, the
'City of Tamarac would draw its CDBG funds directly from the US Department of
Housing and Urban Development and its SHIP funds directly from the Florida Housing
Finance Corporation.
what are the advantages of opting out?
Opting out has several advantages.
• Additional funds
Over the last couple of years, no CDBG or SHIP funds have been expended in
the City of Tamarac. However, on the other side, take the City of Pembroke
Pines as an example. Pembroke Pines is demographically very similar to
Tamarac. the City of Pembroke Pines .opted out of the inter -local agreement and
initiated their own CDBG and SHIP programs in 1994.
CPA5 c kwpdocs1.imrccdbg,wpd
EXHIBIT C
i
Since opting out, the city of Pembroke Pines has received:
•
• $1,006,065.00 in SHIP funds
• 1 584 000.00 in CDBG funds
• --A total of $2,590,065.00 in State and Federal dollars
There is no way of knowing how much funding the City of Tamarac would actually get
until it opts out. However, Tamarac would get at least $400,000.00 annually from the
CDBG program and $300,000.00 annually from the SHIP Program.
• More Community Control / Responsiveness to Local Need
Presently, the City's community development fate is in the hands of Broward
County. The County of course meets all of the appropriate public hearing and
notification requirements. However, no matter how many public hearings the
County holds, there is no way that they would be able to determine the
community development needs of Tamarac better than Tamarac itself. If
Tamarac became an entitlement community, all public hearings would be held at
Tamarac City Hall. The City would be able to appoint its own Citizen's Advisory
Committee. the City commission and staff would have direct control over the
path of the City's community development program.
what are the disadvantages of opting out?
The City would take on additional administrative responsibilities, including:
• Consolidated Planning
• Local Housing Assistance Plans
• Annual Action Plans
• Public Hearings
• Environmental Review and Labor Standards Requirements
However, all of these reports and documentation requirements are designed to give the
City more community control.
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EXHIBIT D
iAGREEMENT
THIS IS AN AGREEMENT, dated the 28 day of January, 1998
between:
THE CITY OF TAMARAC, a municipal corporation, hereinafter
referred to as "CITY,"
and
COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC., a
Florida Corporation, hereinafter referred to as "CONSULTANT."
W I T N E S S E T H:
WHEREAS, on January,_ 1998 the City Commission of CITY
authorized the CITY Manager to negotiate and execute this
Agreement for the services more particularly described herein;
In consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT
agree as follows:
Section I. SERVICES AND RESPONSIBILITIES
1.1 BASIC SERVICES. CONSULTANT agrees to perform the basic
services described in Exhibit "A" attached hereto and by this
reference made a part hereof.
Section 2. CONSULTANT REPRESENTATION OF EXPERTISE
CONSULTANT hereby represents to CITY, with full knowledge
that CITY is relying upon these representations when entering into
this Agreement with CONSULTANT, that CONSULTANT has the
professional expertise, experience and manpower to perform the
services to be provided by CONSULTANT pursuant to the terms of the
Agreement.
Section 3. TIME FOR PERFORMANCE
3.1 CONSULTANT shall perform the basic services as identified in
Exhibit "A", and attachment 1, between Janua 15 1998 and _April
10 , 1998.
3.2 Prior to beginning the performance of any services under this
.Agreement, CONSULTANT must receive a written Notice to Proceed
from CITY. Minor adjustments to the timetable for completion
approved by CITY in advance, in writing, will not constitute
nonperformance by CONSULTANT per this Agreement.
0 Revised: 12/31/97
Page 1-
Additional services requested by CITY, or changes in scope, will
be reviewed and any impact on the schedule determined and the
schedule modified accordingly.
Section 4. DELAY IN PERFORMANCE
4.1 Liquidated Damages for Deli,
4.1.1 Consultant shall notify the City promptly of any
expected delay in performance of services. However, the
Consultant shall not be liable for delays in performance beyond
its reasonable control. CITY shall be entitled to retain the sum
of Fifty Dollars ($50.00) for each day, or part thereof, that the
work remains uncompleted beyond the agreed to time for performance
as described in Section 3.1. It is recognized and agreed those
damages in such event are difficult of ascertainment, though great
and irreparable, and that this agreement with respect to
liquidated damages shall in no event disentitle CITY to injunctive
relief, and this sum is not construed as a penalty.
4.1.2 Anything to the contrary notwithstanding minor
adjustment to the timetable for completion approved by CITY in
advance, in writing, will not constitute a delay in CONSULTANT for
which liquidated damages are due. Furthermore, a delay due to the
Act of God, fire lockout, strike or labor dispute, riot or civil
commotion, act of public enemy or other cause beyond the control
of CONSULTANT shall extend this Agreement for a period equal to
such delay and during this period such delay shall not constitute
a delay by CONSULTANT for which liquidated damages are due.
Se tion 5. COMPENSATION AND METHOD OF PAYMENT
5.1 CITY agrees to compensate CONSULTANT for all services
performed by CONSULTANT pursuant to the provisions of this
Agreement, based on the hourly rate schedule set forth in Exhibit
"B" FEE SCHEDULE attached hereto and made a part hereof. Total
compensation for services rendered shall not exceed 12 300.00
5.2 Method of Billina and Payment.
5.2.1 CONSULTANT shall be entitled to invoice monthly,
identifying the total hours and job classifications of persons
performing the work.
5.2.2 CITY will make its best efforts to pay CONSULTANT within
..thirty (30) days of receipt of proper invoice the total shown to
be due on such invoice.
5.2.3 Payment will be made to CONSULTANT at:
COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC.
10221 Taft Street -- 2
Pembroke Pines, Florida 33026-2841
Page -2-
Section 6. CHANGES IN SCOPE OF WORK
CITY or CONSULTANT may request changes that would increase,
decrease or otherwise modify the Scope of Services to be provided
under this Agreement. Such changes must be in accordance with the
provisions of the Code or Ordinances of the CITY and must be
contained in a written amendment, executed by the parties thereto,
with the same formality and with equality and dignity prior to any
deviation from the terms of this Agreement, including the
initiation of any extra work. In no event will the CONSULTANT be
compensated for any work which has not been described in a
separate written agreement executed by the parties hereto.
Notwithstanding the above paragraph, Change Orders which
individually or when cumulatively added to amounts authorized,
pursuant to prior Change Orders for this project, increase the
cost of the work to the City not in excess of the ten percent
(10%) or $10,000.00 (whichever is lesser) may be approved by
signed approval of the City Manager of the City of TAMARAC. No
claim against City for extra work in furtherance of such change
order shall be allowed unless prior approval has been obtained.
0 Section 7. MISCELLANEOUS
7.1 Ownership of Documents. Reports, surveys, studies and other
data provided in connection with this Agreement are and shall
remain the property of CITY whether or not the project for which
they are made is completed.
7.2 Term and Termination.
7.2.1. This Agreement may be terminated by either party for
cause, or by the CITY for convenience; upon thirty (30) days
written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed
to termination date. In the event that the CONSULTANT abandons
this Agreement or causes it to be terminated, he shall be
responsible to the CITY against any loss pertaining to this
termination. All finished or unfinished documents, data, studies,
surveys and reports prepared by CONSULTANT shall become the
property of CITY and shall be delivered by CONSULTANT to CITY
within ten (10) business days of termination of agreement.
,•7.2.2 This Agreement shall commence on the date of execution
by CITY and shall end April 10 1998. CONSULTANT agrees that it
shall be subject to review by the CITY of its performance under
the Contract.
7.3 Records. CONSULTANT shall keep such records and accounts
and require any and all subconsultants to keep records and
accounts as may be necessary in order to record complete and
correct entries as to personnel hours charged to this engagement,
Page -3-
and any expenses for which CONSULTANT expects to be reimbursed.
Such books and records will be available at all reasonable times
for examination and audit by CITY and shall be kept for a period
of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect
entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such
entries.
7.4 Indemnification.
7.4.1 CONSULTANT shall indemnify and save harmless and defend
the CITY, its trustees, elected and appointed officials, agents,
servants and employees from and against any claim, demand or cause
of action of whatsoever kind or nature arising out of this
contract, for all costs, losses and expenses, including but not
limited to, damages to persons or property, judgments and
attorneys' fees arising out of or in connection with the services
performed by the CONSULTANT pursuant to this Agreement.
7.4.2 CONSULTANT shall indemnify CITY for all loss, damage,
expense or liability including, without limitation, court costs
and attorneys' fees that may result by reason of any infringement
• or claim of infringement of any patent, trademark, copyright,
trade secret or other proprietary right relating to services
furnished pursuant to this Contract. CONSULTANT will defend
and/or settle at its own expense any action brought against the
CITY to the extent that it is based on a claim that products or
services furnished to CITY by CONSULTANT pursuant to this
Contract, or if any portion of the services or goods related to
the performance of this service becomes unusable as a result of
any such infringement or claim.
7.4.3 The parties recognize that various provisions of this
Agreement, including but not necessarily limited to this Section,
provide for indemnification by the CONSULTANT and that Florida
Statutes ss725.06 requires a specific consideration be given
therefor. The parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities,
and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by
CONSULTANT. Furthermore, the parties understand and agree that
the covenants and representations relating to this
indemnification provision shall serve the term and survive the
term of this Agreement and continue to full force and effect as to
the party's responsibility to indemnify.
7.5 Insurance
7.5.1 The CONSULTANT shall not commence work under this
contract until he has obtained all insurance required under this
Page -4-
r]
paragraph and such insurance has been approved by the Risk
Manager of the City nor shall the CONSULTANT allow any
Subcontractor to commence work on his sub --contract until all
similar such insurance required of the subcontractor has been
obtained and approved.
7.5.2 Certificates of insurance, reflecting evidence of the
required insurance, shall be filed with the Risk Manager prior to
the commencement of the work. These Certificates shall contain a
provision that coverages afforded under these policies will not
be canceled until at least thirty days (30) prior written notice
has been given to the city. Policies shall be issued by
companies authorized to do business under the laws of the State
of Florida. The City shall be named as an additional insured on
all insurance policies.
7.5.3 Policyholders and Financial Ratings must be no less
than "A" and Class X respectively in the latest edition of "Bests
Key Rating Guide", published by A.M. Best Guide.
7.5.4 Insurance shall be in force until all work required to
be performed under the terms of the Contract is satisfactorily
completed as evidenced by the formal acceptance by the City. In
the event the insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this
contract, then in that event, the CONSULTANT shall furnish, at
least thirty (30) days prior to the expiration of the date of
such insurance, a renewed certificate of insurance as proof that
equal and like coverage for the balance of the period of the
contract and extension thereunder is in effect. The CONSULTANT
shall not continue to work pursuant to this contract unless all
required insurance remains in full force and effect.
7.5.5 REQUIRED INSURANCE
7.5.5.1 COMPREHENSIVE. GENERAL LIABILITY insurance to cover
liability bodily injury and property damage. Exposures to be
covered are: premises, operations, products/completed
operations, and certain contracts. Coverage must be written on
an occurrence basis, with the following limits of liability:
A. Bodily Injury
1. Each Occurrence $1,000,000
2. Annual Aggregate 1,000,000
B. Property Damage
1. Each Occurrence
2. Annual Aggregate
C. Personal Injury
Annual Aggregate
D. Completed Operations
be maintained for two
payment.
1,000,000
11000,000
1,000,000
and Products Liability shall
(2) years after the final
Page -5-
• E. Property Damage Liability Insurance shall include
Coverage for the following hazards: X -
explosion,
C - Collapse, U - underground.
7.5.5.2 WORKERS COMPENSATION insurance shall be maintained
during the life of this contract to comply with statutory limits
for all employees, if required, and in the case any work is
sublet, the CONSULTANT shall require the Subcontractors similarly
to provide Workers Compensation Insurance for all the latter's
employees unless such employees are covered by the protection
afforded by the CONSULTANT. The CONSULTANT and his
subcontractors shall maintain during the life of this policy
Employers Liability Insurance. The following limits must be
maintained:
A. Workers Compensation Statutory
H. Employer's Liability $500,000 per occurrence
The CONSULTANT shall hold the City of TAMARAC, Florida, their
agents, and employees, harmless on account of claims for damages
to persons, property or premises arising out of the operations to
complete this contract and name the City as an additional insured
under their policy.
The City reserves the right to require any other insurance
coverage it deems necessary depending upon the exposures.
?.6 Independent Contractor. This Agreement does not create an
em]Rloyee/employer relationship between the parties. It is the
intent of the parties that the CONSULTANT is an independent
contractor under this Agreement and not the city's employee for
all purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Workers Compensation Act, and the State
unemployment insurance law. The CONSULTANT shall retain sole and
absolute discretion in the judgment of the manner and means of
carrying out CONSULTANT's activities and responsibilities
hereunder. The CONSULTANT agrees that it is a separate and
independent enterprise from the City, that it has full
opportunity to find other business, that it has made its own
investment in its business, and that it will utilize a high level
of skill necessary to perform the work. This Agreement shall not
..of
construed as creating any joint employment relationship
between the CONSULTANT and the City and the City will not be
liable for any obligation incurred by CONSULTANT, including but
• not limited to unpaid minimum wages and/or overtime premiums.
Page -6-
•
C�
7.7 Assignments; Amendments.
7.7.1 This Agreement, or any interest herein, shall not be
assigned, transferred or otherwise encumbered, under any
circumstances, by CONSULTANT, without the prior written consent
of CITY. However, this Agreement shall run to the CITY and its
successors and assigns.
7.7.2 it is further agreed that no modification, amendment or
alteration in the terms or conditions contained here shall be
effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
7.8 Personnel. The parties acknowledge that the CONSULTANT
has identified by position in the professional association, by
services to be performed, by personnel classification, by
qualification or any combination of same, certain key personnel
to perform certain portions of the services related to the
project and that CITY has relied on such identifications in
selecting the CONSULTANT to perform the services described
herein. CONSULTANT agrees that it shall submit to CITY in
writing any proposed change, replacement or removal of such
persons from the project or from the services they have been
identified to perform for approval by the CITY.
7.9 Subconsultants. Subconsultants, if needed, will be
subject to the prior written approval of the CITY.
7.10 Representatives of CITY and CONSULTANT_
(a) It is recognized that in the day-to-day conduct of the
project questions will arise. Therefore, upon written request of
either party each party shall designate in writing of one (1) or
more employees to whom all communications pertaining to the day-
to-day conduct of the project will be addressed.
7.11 No Contingent Fees. CONSULTANT warrants that it has not
employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT to solicit or
secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than
a bona fide employee working solely for consultant any fee,
commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the CITY shall
•have the right to terminate the Agreement without liability at
its discretion, to deduct from the contract price, or otherwise
recover the full amount of such fee, commission, percentage, gift
or consideration.
Page -7-
•
7.12 NOTICE, whenever any 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 and the remaining
party, 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 section.
For the present, the CONSULTANT and the CITY designate the
following as the respective place for giving of notice:
City: City Manager
City of Tamarac
7525 N.W. 88`' Avenue
Tamarac; F1 33321
Copy To: City Attorney
City of Tamarac
7525 N.W. 88`h Avenue
Tamarac, F1 33321
Consultant: COMMUNITY REDEVELOPMENT ASSOCIATES
10221 Taft Street, Suite - 2
Pembroke Pines, Florida 33026-2841
Copy To: Kaplan Jaffe and Gates, PA
2435 Hollywood Blvd.
Hollywood, F1 33020
OF FLORIDA INC.
7.13 Bindinct Authority, Each person signing this Agreement on
behalfofeither party individually warrants that he or she has
full legal power to execute this Agreement on behalf of the party
for whom he or she is signing, and to bind and obligate such
party with respect to all provisions contained in this Agreement.
7.14 HeadincLs. Hearings hereon are for convenience of reference
only and shall not be considered on any interpretation of this
Agreement.
7.15 Exhibits. Each Exhibit referred to in this Agreement forms
an essential part of this Agreement. The exhibits if not
physically attached should be treated as part of this Agreement
and are incorporated herein by reference.
7.16 Severability. If any provision of this Agreement or
application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest
extent permitted by law.
Page -8-
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
FEE SCHEDULE
Descri ti Rate
Review Supervisor . . . . . . . . . . . . . . $ 125.00 per hour
Project Supervisor . . . . . . . . . . . $ 95.00 per hour
Project Coordinator(s)/Associate(s) . $50.00 to 75.00 per hour
Research Assistants . . . . . . . . . $25.00 to 40.00 per hour
Administrative Assistant/Clerical . . . . . . $ 9.50 per hour
Data Processing (Input/Analysis) . . . . . . $ 8.50 per hour
Travel (local) . . . . . . . . . . . . . . . $ 0.275 per mile
Travel (per diem) . . . . . . . . . . . . . . $ 95.00 per day
Transportation Cost(air fare/car rental/etc.)
. . . . . . . . . . Actual Cost
•Other(i.e. postage, photocopying, telephone, etc.)
. . . . . . . . . . Actual Cost
It
•
7.17 GoveLajE Law. This Agreement shall be governed by the
laws of the State of Florida with venue lying in Broward'County,
Florida.
7.18 Extent of Agreement. This Agreement represents the.,
entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations
or agreements, with written or oral.
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
ATTEST:
Patricia Marcurio, CMC
Assistant City Clerk
. APP E AS 0 0
Mi chel S. Kraft
C TY ATTORNEY
•
CITY '
BY:
or
1 o.�S err e Re r .
City Manager
Robert S. Noe, Jr.
CONSULTANT,
BY:
SE IO VICE PRESID NT
Andre ebeok ai
Co Secretary
EARLY JOHNSON
(SEAL)
Page -9-
0 AGREEIENT
BETWEEN THE CITY OF TAMARAC
WED
COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC.
j�V4%
THIS IS AN AGREEMENT, dated the // day of July, 1999
between:
THE CITY OF TAMARAC, a municipal corporation, hereinafter
referred to as CITY,
and
COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC., a
Florida Corporation, hereinafter referred to as CONSULTANT.
W I T N E S S E T H:
WHEREAS, on of July, 1999 the City Commission of CITY
authorized the CITY Manager to negotiate and execute this
Agreement for the services more particularly described herein;
In consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT
agree as follows:
Section 1. SERVICES AND RESPONSIBILITIES
1.1 BASIC SERVICES. CONSULTANT agrees to perform the basic
services described in Exhibit A attached hereto and by this
reference made a part hereof.
Section 2. CONSULTANT REPRESENTATION OF EXPERTISE
CONSULTANT hereby represents to CITY, with full knowledge
that CITY is relying upon these representations when entering
into this Agreement with CONSULTANT, that CONSULTANT has the
professional expertise, experience and manpower to perform the
services to be provided by CONSULTANT pursuant to the terms of
the Agreement.
Section 3. TIME FOR PERFORMANCE
3.1 CONSULTANT shall perform the basic services as identified in
Exhibit A, upon adoption of Temp Reso #8654 with completion
by August 15, 2000.
l
TEMP RESO #8654 ATTACHMENT 1
3.2 Prior to beginning the performance of any services under
this
Agreement, CONSULTANT must receive a written Notice to Proceed
from CITY. Minor adjustments to the timetable for completion
approved by CITY in advance, in writing, will not constitute
nonperformance by CONSULTANT per this Agreement.
Additional services requested by CITY, or changes in scope, will •1
be reviewed and any impact on the schedule determined and the
schedule modified accordingly.
Section 4. DELAY IN PERFORMANCE
4.1 Liquidated Damages for Delav,
4.1.1 Consultant shall notify the City promptly of any
expected delay in performance of services. However, the
Consultant shall not be liable for delays in performance beyond
its reasonable control. CITY shall be entitled to retain the sum
of Fifty Dollars ($50.00) for each day, or part thereof, that the
work remains uncompleted beyond the agreed to time for
performance as described in Section 3.1. It is recognized and
agreed those damages in such event are difficult of
ascertainment, though great and irreparable, and that this
agreement with respect to liquidated damages shall in no event
disentitle CITY to injunctive relief, and this sum is not
construed as a penalty.
4.1.2 Anything to the contrary notwithstanding minor
adjustment to the timetable for completion approved by CITY in
advance, in writing, will not constitute a delay in CONSULTANT
for which liquidated damages are due. Furthermore, a delay due
to the Act of God,, fire lockout, strike or labor dispute, riot or
civil commotion, act of public enemy or other cause beyond the
control of CONSULTANT shall extend this Agreement for a period
equal to such delay and during this period such delay shall not
constitute a delay by CONSULTANT for which liquidated damages are
due.
Section 5. COMPENSATION AND METHOD OF PAYMENT
's
5.1 CITY agrees to compensate CONSULTANT for all services
performed by CONSULTANT pursuant to the provisions of this
Agreement, based on the hourly rate schedule set forth in Exhibit
"S" FEE SCHEDULE attached hereto and made a part hereof. Total
compensation for services rendered shall not exceed $60,000.00
5.2 Method of -Billing and Payment.
5.2.1 CONSULTANT shall be entitled to invoice monthly,
identifying the total hours and job classifications of persons
performing the work.
2
TEMP RESO #8654 ATTACHMENT 1
5.2.2 CITY will make its best efforts to pay CONSULTANT
within thirty (30) days of receipt of proper invoice the total
shown to be due on such invoice.
5.2.3 Payment will be made to CONSULTANT at:
COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC.
10221 Taft Street
Pembroke Pines, Florida 33026-2841
Section 6. CHANGES IN SCOPE OF WORK
CITY or CONSULTANT may request changes that would increase,
decrease or otherwise modify the Scope of Services to be provided
under this Agreement. Such changes must be in accordance with
the provisions of the Code or Ordinances of the CITY and must be
contained in a written amendment, executed by the parties
thereto, with the same formality and with equality and dignity
prior to any deviation from the terms of this Agreement,
including the initiation of any extra work. In no event will the
CONSULTANT be compensated for any work which has not been
described in a separate written agreement executed by the parties
hereto.
Notwithstanding the above paragraph, Change Orders which
individually or when cumulatively added to amounts authorized,
pursuant to prior Change Orders for this project, increase the
cost of the work to the City not in excess of the ten percent
(10%) or $10,000.00 (whichever is lesser) may be approved by
signed approval of the City Manager of the City of TAMARAC. No
claim against City for extra work in furtherance of such change
order shall be allowed unless prior approval has been obtained.
Section 7. MISCELLANEOUS
7.1 Ownership of Documents. Reports, surveys, studies and other
data provided in connection with this Agreement are and shall
remain the property of CITY whether or not the project for which
they are made is completed.
.a
7.2 Term and Termination.
7.2.1 This Agreement may be terminated by either party for
cause, or by the CITY for convenience, upon thirty (30) days
written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed
to termination date. In the event that the CONSULTANT abandons
this Agreement or causes it to be terminated, he shall be
responsible to the CITY against any loss pertaining to this
termination. All finished or unfinished documents, data,
studies, surveys and reports prepared by CONSULTANT shall become
3
TEMP RESO #8654 ATTACHMENT 1
the property of CITY and shall be delivered by CONSULTANT to CITY
within ten (10) business days of termination of agreement.
7.2.2 This Agreement shall commence on the date of execution
by CITY and shall end August 15, 2000. CONSULTANT agrees that it
shall be subject to review by the CITY of its performance under
the Contract.
7.3 Records. CONSULTANT shall keep such records and accounts
and require any and all subconsultants to keep records and
accounts as may be necessary in order to record complete and
correct entries as to personnel hours charged to this engagement,
and any expenses for which CONSULTANT expects to be reimbursed.
Such books and records will be available at all reasonable times
for examination and audit by CITY and shall be kept for a
period of three (3) years after the completion of all work to
be performed pursuant to this Agreement. Incomplete or
incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such
entries.
7.4 Indemnification.
7.4.1 CONSULTANT shall indemnify and save harmless and defend
the CITY, its trustees, elected and appointed officials, agents,
servants and employees from and against any claim, demand or
cause of action of whatsoever kind or nature arising out of this
contract, for all costs, losses and expenses, including but not
limited to, damages to persons or property, judgments and
attorneys' fees arising out of or in connection with the services
performed by the CONSULTANT pursuant to this Agreement.
7.4.2 CONSULTANT shall indemnify CITY for all loss, damage,
expense or liability including, without limitation, court costs
and attorneys' fees that may result by reason of any infringement
or claim of infringement of any patent, trademark, copyright,
trade secret or other proprietary right relating to services
furnished pursuant to this Contract. CONSULTANT will defend
and/or settle at its own expense any action brought against the
CITY to the extent that it is based on a claim that products or
services furnished to CITY by CONSULTANT pursuant to this
Contract, or if any portion of the services or goods related to
the performance of this service becomes unusable as a result of
any such infringement or claim.
7.4.3 The parties recognize that various provisions of this
Agreement, including but not necessarily limited to this Section,
provide for indemnification by the CONSULTANT and that Florida
Statutes 725.06 requires a specific consideration be given
therefor. The parties therefore agree that the sum of Ten
• Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities,
4
TEMP RESO #8654 ATTACHMENT 1
and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by
CONSULTANT. Furthermore, the parties understand and agree that
the covenants and representations relating to this
indemnification provision shall serve the term and survive the
term of this Agreement and continue to full force and effect as
to the party's responsibility to indemnify.
7.5 Insurance
7.5.1 The CONSULTANT shall not commence work under this
contract until he has obtained all insurance required under this
paragraph and such insurance has been approved by the Risk
Manager of the City nor shall the CONSULTANT allow any
Subcontractor to commence work on his sub -contract until all
similar such insurance required of the subcontractor has been
obtained and approved.
7.5.2 Certificates of insurance, reflecting evidence of the
required insurance, shall be filed with the Risk Manager prior
to the commencement of the work. These Certificates shall
contain a provision that coverages afforded under these
policies will not be canceled until at least thirty days (30)
prior written notice has been given to the city. Policies
shall be issued by companies authorized to do business under
the laws of the State of Florida. The City shall be named as
an additional insured on all insurance policies.
7.5.3 Policyholders and Financial Ratings must be no less
than "A" and Class X respectively in the latest edition of
"Bests Key Rating Guide", published by A.M. Best Guide.
7.5.4 Insurance shall be in force until all work required
to be performed under the terms of the Contract is
satisfactorily completed as evidenced by the formal acceptance
by the City. In the event the insurance certificate provided
indicates that the insurance shall terminate and lapse during
the period of this contract, then in that event, the CONSULTANT
shall furnish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed certificate
of insurance as proof that equal and like coverage for the
balance of the period of the contract and extension thereunder
is in effect. The CONSULTANT shall not continue to work
pursuant to this contract unless all required insurance remains
in full force and effect.
7.5.5 REQUIRED INSURANCE
7.5.5.1 COMPREHENSIVE GENERAL LIABILITY insurance to cover
liability bodily injury and property damage.
Exposures to be covered are: premises, operations,
products/completed operations, and certain contracts.
5
TEMP RESO #8654 ATTACHMENT 1
Coverage must be written on an occurrence basis, r.ith
the following limits of liability:
A. Bodily Injury
1. Each Occurrence $1,000,000
2. Annual Aggregate 1,000,000
B. Property Damage
1. Each Occurrence 1,000,000
2. Annual Aggregate 1.,000,000
C. Personal Injury
Annual Aggregate 1,000,000
D. Completed Operations and Products Liability
shall be maintained for two (2) years after the
final payment.
E. Property Damage Liability Insurance shall
include Coverage for the following hazards: X -
explosion, C - Collapse, U - underground.
7.5.5.2 WORKERS COMPENSATION insurance shall be maintained
during the life of this contract to comply with statutory limits
for all employees, if required, and in the case any work is
sublet, the CONSULTANT shall require the Subcontractors similarly
to provide Workers Compensation Insurance for all the latter's
employees unless such employees are covered by the protection
afforded by the CONSULTANT. The CONSULTANT and his
subcontractors shall maintain during the life of this policy
Employers Liability Insurance. The following limits must be
maintained:
A. Workers Compensation Statutory
B. Employer's Liability $500,000 per occurrence
The CONSULTANT shall hold the City of TAMARAC, Florida, their
agents, and employees, harmless on account of claims for damages
to persons, property or premises arising out of the operations to
complete this contract and name the City as,an additional insured
under their policy.
The City reserves the right to require any other insurance
coverage it deems necessary depending upon the exposures.
7.6 Independent Contractor. This Agreement does not create
an employee/employer relationship between the parties.
It is the intent of the parties that the CONSULTANT is
an independent contractor under this Agreement and not
the city's employee for all purposes, including but not
limited to, the application of the Fair Labor Standards
6
TEMP RESO #8654 ATTACHMENT 1
Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Workers Compensation
Act, and the State unemployment insurance law. The
CONSULTANT shall retain sole and absolute discretion in
the judgment of the manner and means of carrying out
CONSULTANT's activities and responsibilities hereunder.
The CONSULTANT agrees that it is a separate and
independent enterprise from the City, that it has full
opportunity to find other business, that it has made
its own investment in its business, and that it will
utilize a high level of skill necessary to perform the
work. This Agreement shall not be construed as
creating any joint employment relationship between the
CONSULTANT and the City and the City will not be
liable for any obligation incurred by CONSULTANT,
including but not limited to unpaid minimum wages
and/or overtime premiums.
7.7 _ Assignments; Amendments.
7.7.1 This Agreement, or any interest herein, shall not be
assigned, transferred or otherwise encumbered, under any
circumstances, by CONSULTANT, without the prior written consent
of CITY. However, this Agreement shall run to the CITY and its
successors and assigns.
7.7.2 It is further agreed that no modification, amendment or
alteration in the terms or conditions contained here shall be
effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
7.8 Personnel. The parties acknowledge that the CONSULTANT
has identified by position in the professional association, by
services to be performed, by personnel classification, by
qualification or any combination of same, certain key personnel
to perform certain portions of the services related to the
project and that CITY has relied on such identifications in
selecting the CONSULTANT to perform the services described
herein. CONSULTANT agrees that it shall submit to CITY in
writing any proposed change, replacement or removal of such
persons from the project or from the services they have been
identified to perform for approval by the CITY.
7.9 Subconsultants. Subconsultants, if needed, will, be
subject to the prior written approval of the CITY.
7 and_ CONSULTANT.
.10 Representativeso_f__CITY _
(a) It is recognized that in the day-to-day conduct of the
project questions will arise. Therefore, upon written request of
7
TEMP RESO #8654 ATTACHMENT 1
either party each party shall designate in writing of ore (1) or
more employees to whom all communications pertaining to the day-
to-day conduct of the project will be addressed.
7.11 No Continrrent Fees. CONSULTANT warrants that it has not
employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT to solicit or
secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than
a bona fide employee working solely for consultant any fee,
commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the CITY shall
have the right to terminate the Agreement without liability at
its discretion, to deduct from the contract price, or otherwise
recover the full amount of such fee, commission, percentage, gift
or consideration.
7.12 NOTICE. Whenever any 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 and the remaining
party, 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 section.
For the present, the CONSULTANT and the CITY designate the
following as the respective place for giving of notice:
City: City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, F1 33321
Copy To: City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, F1 33321
Consultant: COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA INC.
10221 Taft Street, Suite - 2 .,
Pembroke Pines, Florida 33026-2841
Copy To: Atlas, Perlman, Trop & Borkson
200 E. Las Olas Blvd., Suite 1900
Fort Lauderdale, F1 33301 Attn: Alan Baseman
7.13 Binding Authority_:. Each person signing this Agreement on
behalf of either party individually warrants that he or she has
full legal power to execute this Agreement on behalf of the party
for whom he or she is signing, and to bind and obligate such
party with respect to all provisions contained in this Agreement.
8
TEMP RESO #8654 ATTACHMENT 1
L
7.14 Headinas. Hearings hereon are for convenience of reference
only and shall not be considered on any interpretation of this
Agreement.
7.15 Exhibits. Each Exhibit referred to in this Agreement forms
an essential part of this Agreement. The exhibits if not
physically attached should be treated as part of this Agreement •
and are incorporated herein by reference.
7.16 Severability. If any provision of this Agreement or
application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest
extent permitted by law.
7.17 Governing Law. This Agreement shall be governed by the
laws of the State of Florida with venue lying in Broward County,
Florida.
7.18 Extent of Agreement. This Agreement represents the
entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representatioris
or agreements, with written or oral.
W
TEMP RESO #8654 ATTACHMENT 1
•
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
CITY n
ATTEST:
BY
Schreiber, Mayor
oti
Carl Gold, C/AAE �-
()
�� L�q
Robert S. Noe, Jr.,
CityClerk
City Manager
Al
DATE: 1% ".2 % - 9
APPROVED S TO FORM AND LEGAL CONSULTANT '
SUFF IE CY
l
BY:
Mitc 1 S. Ka SENIOR E PRESIDE T
City Attorney Andrew A. Azebeokhai
porate Secretary'."
Early Johnson:
(SEAL)
.i
10
TEMP RESO #8654 ATTACHMENT 1
JRN-02-1900 08;26
•
Y
Community
Redevelopment
Associates
of Flo da, Inc. Urban Affairs Considtants Lic_ Real EsrarcBrokers
Health Care • Govemment/Legislation - Finance • Campaign Logistics • Real Estate
CITY OF TAM RAC, FLORI DA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
OFFICE OF comMUNITY PLANNING AND DEVELOPMENT
CONSOLIDATED PLAN
SCHEDULE OF ACTIVnIES
The cost to undertake the following Activities is Six Thousand Dollars
($60,000.00)_
ACTIMIES (Required By HUD)
• Publish Notification of a Public Hearing regarding submission of the Consolidated Plan_
• Publish Solicitation of application for membership to the Citizen Advisory Committee.
• First of two (2) Public Hearing held to receive comments from the Public. Regarding
submission of the Consolidated Plan (30 day comment period) and consideration of
Resolution to undertake the Consolidated Plan and to form a Citizen Advisory Committee.
• City's Community Development Department (CDD) along with Consultant, rank
applications for CAC membership and make recommendations to the City Commission.
• City Commissioners appoint members to the Citizens Advisory Committee(CAC)-
6 Consultant orientate new committee members regarding their responsibilities.
Appropriate City staff enroll in IDIS training class.
• Consultant prepares a Housing Market Analysis of all housing in the City, including
TEMP RESO #8654 1 EXHIBIT 'IA"
Respond to.
❑ t0221 Taft Street • Suite 2 • Pembroke Pines, FL 33026-2941 • Broward: 431-7866 . FAX Browa.d: 431-6832
108 So. Nlonxtx, Ste. 203 - Tallahassee. FL 32301 • (904) 222-9599 • FAX: (90») 222-9923
JAN-02-1900 oe:26
P.03
,.
supporting demographic data.
• Consultant completes a Housing Need assessment based on the results of the analysis.
• Consultant conducts a study to ascertain the total of the City's Homeless population.
• Consultant prepares a Homeless Needs Assessment based on the count.
• Pr aration of Impediments to Fair H_o_u§in_g.5tudy
• City Publishes a Combined Notice: Notice Of Funds Availability (NOFA), and a Request
For Proposal (RFP) from Non -Profit Organizations (NPO).
• Consultant and the City's CDD rank proposals received.
• Consultant prepares and submits to the CAC for their review, an executive summary of all
proposals received along with a report of the finding made by the Consultant.
• Public meeting of the, CAC, the City's CDD, and Consultant, to prioritize Needs,
outlines Strategies, set Goals and Objectives, and develop five (S) Strategies to meet the
goals and objectives for the First Year Annual Action Plan. Prepare recommendations for
City Commission approval.
• Publish Notification of a Public Hearing regarding submission of the Consolidated Plan.
• Second of two (2) Public Hearings held to receive comments from the Public regarding
submission of the Consolidated Plan.
• Resolution to submit the Consolidate Plan including undertaking the first Year Annual
Action Plan.
• Consultant installs the Consolidated Planning Software into the City's system.
• Consultant conducts an Environmental Review to determine the impact of undertaking the
proposed activities.
• City publishes Finding Of No Significant Impact (FONS~I) and a Request For Release Of
Funds (RROF).
• City submits Consolidated Plan.
Qa4�+pdoa\�y�tslConsolidaledPlaonsc�leduleC)FAdiv�ies.vr'pd
2
TOTAL P.03
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
FEE SCHEDULE
Description
Rate
Review Supervisor . . . . . . . . . . . . . .
$
125.00
per
hour
Project Supervisor .i.. . . . . . . . . . . .
$
95.00
per
hour
Project Coordinator(s)/Associate(s) . $50.00
to
75.00
per
hour
Research Assistants . . . . . . . . . $25.00
to
40.00
per
hour
Administrative Assistant/Clerical . . . . . .
$
9.50
per
hour
Data Processing (Input/Analysis) . . . . . .
$
8.50
per
hour
Travel (local) . . . . . . . . . . . . . . .
$
0.275
per
mile
Travel (per diem) . . . . . . . . . . . . . .
$
95.00
per
day
Transportation Cost(air tare/car rental/etc.)
. . . . . . . . . . . . . . . . . . . . . . .
.
Actual
Cost
-Other(i.e. postage, photocopying, telephone, etc.)
. - -
-
Actual Cost
•