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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-184June 12, 2000 - Temp. Reso. #9056 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HBI PLANNING SERVICES, INC. FOR THE PREPARATION AND COMPLETION OF A COMMUNITY REDEVELOPMENT (CR) NEEDS REPORT TO DETERMINE COMMUNITY REDEVELOPMENT AREA (CRA) BOUNDARIES FOR THE CITY OF TAMARAC IN ACCORDANCE WITH LOI 00-10L TAMARAC COMMUNITY REDEVELOPMENT STUDY PROJECT; CASE NO. 16-MI-00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida, is interested in facilitating the improvement of older areas of the City; and WHEREAS, the preparation and completion of a Community Redevelopment (,qR) Needs Report to determine Community Redevelopment Area (CRA) boundaries can provide funding and resources to improve residential, commercial and public properties; and WHEREAS, a competitive process was undertaken to identify a professional firm who can assist with the preparation and completion of a Community Redevelopment (CR) Needs Report to determine Community Redevelopment Area (CRA) boundaries; and WHEREAS, the City of. Tamarac published LOI 00-10L for the preparation and completion of a Community Redevelopment (CR) Needs Report to determine Community Redevelopment Area (CRA) Boundaries for the City of Tamarac on January 16 and 23, June 12, 2000 - Temp. Reso. #9056 2 2000; and WHEREAS, two (2) proposals were submitted, reviewed by an Evaluation Committee based on knowledge, experience, and responsiveness, which resulted in the following short list; and 1. HBI Planning Services, Inc. 2. Keith & Schnars, P.A. WHEREAS, upon serious review and consideration the Evaluation Committee determined HBI Planning Services, Inc. to be the most responsible and responsive proposer; and WHEREAS, the City Commission of the City of Tamarac wishes to complete the Community Redevelopment Area Study in accordance with LOI 00-10L Tamarac Community Redevelopment Study Project; and WHEREAS, the City of Tamarac has negotiated an agreement with HBI Planning Services, Inc. for a sum not to exceed Thirty-nine Thousand Six -Hundred and Fifty Dollars ($39,650.00); and WHEREAS, available funds exist in the General Fund Community Development Economic Development Division Other Contractual Services account for said purpose; and WHEREAS, it is the recommendation of the Director of Community Development and Purchasing/Contracts Manager that the LOI 00-10L be awarded to and an agreement executed with HBI Planning Services, 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 authorize the June 12, 2000 - Temp. Reso. #9056 3 appropriate City Officials to execute an agreement with HBI Planning Services, Inc. for the preparation and completion of a Community Redevelopment (CR) Needs Report to determine Community Redevelopment Area (CRA) boundaries for the City of Tamarac in accordance with LOI 00-10L Tamarac Community Redevelopment Study Project. 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 Letter of Interest (LOI 00-10L) be awarded to HBI Planning Services, Inc. and the Mayor and the City Manager, or his designee, are hereby authorized to execute the Agreement between the City of Tamarac and HBI Planning Services, Inc. for preparation and completion of a Community Redevelopment (CR) Needs Report to determine Community Redevelopment Area (CRA) boundaries for the City of Tamarac in accordance with LOI 00-10L Tamarac Community Redevelopment Study Project (attached hereto as Exhibit "1 ") for a cost not to exceed Thirty -Nine Thousand Six - Hundred and Fifty Dollars ($39,650.00). 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 1 Cl June 12, 2000 - Temp. Reso. #9056 4 Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 28th day of June, 2000. ATTEST: MARION SWrzNSON, CMC INTERIM CITY CLERK I HEREBY CERTIFY that I a e a proved this REISO UTION as to form. MIDLL S. KR'A C ATTORNEY com mdev\u:\pats\u serdata\wpdata\res\9056 reso 6,JOE SCHREIBER MAYOR RECORD OF COMMISSIC MAYOR SCHRE113ER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTAN© DIST 4: VIM ROBERTS LLB ' EXHIBIT "1" TEMP RESO #9056 AGREEMENT BETWEEN THE CITY OF TAMARAC WI IP HBI PLANNING SERVICES, INC. THIS AGREEMENT is made and entered into this day of �, 20� by and between the City of Tamarac, a municipal corporation with princip offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and HBI Planning Services, Inc., a Florida corporation with principal offices located at 1191 US Highway One, Suite 201, North Palm Beach, Florida 33408 (the "Contractor") to prepare, review and design a Community Redevelopment Needs Study for the City of Tamarac and approval of that study by the City Commission and Broward County. Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to prepare, review and design a Community Redevelopment Needs Study for the City of Tamarac and approval of that study by the City Commission and Broward County. b) CONTRACTOR shall prepare, review and design a Community Redevelopment Needs Study as outlined in the City of Tamarac's Request for Letters of Interest LOI 00-10L and the CONTRACTOR agrees to perform the services described in Exhibit A attached hereto and incorporated herein as if set forth in full . 1 c) CONTRACTOR shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the CONTRACTOR, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than fifteen (15) days after the date that Contractor receives Purchase Order. The work shall be substantially completed no later than March 15, 2001. 5) Contract Sum The Contract Sum for the above work is Thirty Nine Thousand, Six Hundred and Fifty Dollars and no cents ($39,650.00) . The Contract sum is determined by the cost of labor and materials for the preparation, review and design of the Community Redevelopment Needs Study for the City of Tamarac and approval of that study by the City Commission and Broward County. K 6) Payments The CITY shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the CONTRACTOR for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty CONTRACTOR warrants that all specifications, documents, or drawings prepared by CONTRACTOR, or on CONTRACTOR'S behalf, are accurate, capable of being implemented and may be relied upon by any Contractor retained by the CITY. 9) Indemnification The contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with the work performed by th Contractor or its officers, employees, agents, subcontractors, or independent contractor , excepting only such damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Henry B. Iler, AICP Principal HBI Planning Services, Inc. 11911 US Highway One, Suite 201 North Palm Beach, FL 33408 4 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The CONTRACTOR shall provide the CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 5 19) Merger; Amendment This Agreement constitutes the entire Agreement between the CONTRACTOR and the CITY, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONTRACTOR and the CITY. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and HBI Planning Services, Inc., signing by and through its Principal duly authorized to execute same. ATTEST: Marion Swenson, CIVIC Interim City Clerk Date: ?/Sy/� ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) [Q CITY OF TAMARAC Schreiber, Mayor Date: ' ro Q 0 / //yam/J-/,/F/, Jeffrey L. Miller, City Manager c%o Date: 7 .add pro d as t0ror and leg S� fici ncy: /' / / Mi cylell Waftj City (NAME OF COMPANY) yr� C� L( Vic f� c . (Name o(President) Type/Print ame of President Date: ( - / 5 _ a 1 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF --� The foregoing instrument was acknowledged before me this day of & , 20ea by z��(name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me A''-/--Z�Z— (type of identification) as identification and did (did not) take an oath. My Comm E%o. `,/02/2031 Bonded By Service Ins CC525S82 y` ✓No. I D3 I ) Personally Knawn Sher 7 Signature of Notary Public — State of Florida 67 U Print, Type or Stamp Name of Notary Public EXHIBIT "'A" TEMP RESO #905E 1 Tamarac Community Redevelopment Report Scope of Work Introduction 5-24-00 This scope of work is designed to guide the preparation of a Community Redevelopment (CR) Needs Report for the City of Tamarac, and coordinate its review and consideration by Broward County. This proposal is structured in two (2) phases. Phase I encompasses the preparation of the Report itself, review by City staff and approval by the City Commission. Phase II entails the process of review of the Redevelopment Report by County_ staff and consideration by the Board of County Commissioners. Phase 1: Community Redevelopment Needs Report Task I-1: Background Research and Analysis Consultant will meet with appropriate City staff, private sector stakeholders and political leaders in order to explain the purpose of the CR Needs Report and obtain local input on key issues especially with respect to CRA boundary considerations. The consultant will perform field surveys necessary to gather a clear picture of the study area and determine CRA area boundaries. Citv staff will assist the consultant in the collection of background data. Task I-2: Boundary Determination and Study Area Analysis The Consultant, in conjunction with City staff, will determine appropriate boundaries for the CRA area and assess this area for the existence of conditions, contained in Florida Statutes Chapter 163, Part.III and Broward County Resolution 1999-1398, which indicate the need for redevelopment. Task I-3: Commission NVorkshop Consultant and staff will conduct a City Commission workshop explaining the project and preliminary findings, and receiving public comments. Task I-4: Draft Redevelopment Report The Consultant will prepare and submit a draft report for staff review. A meeting will be held with staff to review the report, and solicit comments and suitable revisions. If desired by staff, a meeting with the Planning and Zoning Board will also be conducted to receive additional informed input. Task I-5: Final CRA Report The Consultant will make necessary revisions and submit the Final Redevelopment Area Report for consideration by the City Commission. Phase I Schedule This phase should be completed within 120 days of notice -to -proceed. Phase 11: Broward County Review Task II-1: Submit CRA Application and Coordinate County RevieNti City will submit the CRA Report to the County- along, with required copies. Consultant will coordinate the review process with County staff and provide responses to any County comments. City staff and consultant will attend County Review Committee meetings as necessary. Task II-2: County Commission Consideration Consultant will attend, and participate in, County Commission meetings where the City's CRA application is under consideration for approval. Phase II Schedule This should Phase be completed in 120 days assuming normal County review processing. 0) Reproduction onsu tant wt 1 provide I original and 1 hard copy of all work products to the City plus a digital copy of the Community Redevelopment Area Report. City Responsibilities City staff will oversee project management, provide all available data on the CRA Area, and be responsible for public notice, meeting space and reproduction associated with P&Z Board, City Commission and Broward County review. Project Budget Task I-1: Background Research and Analysis ......................... 17,700 Task I-2: Boundary Determination and Analysis ........................ 5,500 Task I-3: Commission Workshop .................................... 1,250 Task I-4: Draft Redevelopment Report ............................... 5,975 Task I-5: Final CRA Report ................................... 3,500 Task II-l: Submit CRA Application/Coordinate County Review ............ 4,350 Task II-2. County Commission Consideration ........................... 1,375 otaCost ........................................................ Note: All payments to Consultant shall be issued in accordance with the Project Draw Schedule on the following page. Tamarac Community Redevelopment Study Project Project Draw Schedule Completion of: Consultant Payment Task 1-1: Background Research and Analysis . S 11,750 (Estirciated 45 days from NTp.*) " " " " " Task 1-3 : Commission Workshop .................................... (Estimated 90 days from Task 1-5: Final CRA Report ........................................ (Estimated 120 days from NTP.*) 9'87� Task 11-2: County Commission Consideration ......... . ....... 9,600 (Estimated 240 days from N -i-p.*) TotalCost ........................................................ ................................................. S39,650 I* N"1 P = Notice -to -Proceed.)