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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-071March 26, 1997 - Temp. Reso. #7815 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97--IL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INDIVIDUAL PROJECT ORDER PURSUANT TO A PREVIOUSLY APPROVED AGREEMENT WITH JAMES DUNCAN AND ASSOCIATES IN THE AMOUNT OF $18,850 REQUIRED FOR ADDITIONAL SERVICES IN THE REVISION OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE PURSUANT TO THE EVALUATION AND APPRAISAL REPORT (EAR) BASED COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN F.EEECTIVEATE. WHEREAS, the City Commission of the City of Tamarac wishes to revise the City of Tamarac Land Development Code pursuant to the Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments of the City; and WHEREAS, the City selected James Duncan and Associates to complete the State - mandated Evaluation and Appraisal Report (EAR) contract; and WHEREAS, the City Commission approved an Agreement with James Duncan and Associates at their regular meeting on July 26, 1995; and 1 1 March 26, 1997 - Temp. Reso. #7815 2 WHEREAS, the City received a Grant from the Florida Department of Community Affairs (FDCA) to assist in the preparation of the Evaluation and Appraisal Report (EAR); and WHEREAS, in the course of preparing the Evaluation and Appraisal Report (EAR), the Community Development Director and Consultant have determined that additional work outside of the approved tasks listed in the James Duncan and Associates Agreement (Exhibits "A", "B" and "C) is required to revise the City of Tamarac Land Development Code pursuant to the Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments; and WHEREAS, James Duncan and Associates will perform the additional services as provided for in the original Agreement (Exhibit "1") and be compensated in conformance to Sections 2 and 6 respectively; and WHEREAS, the Director of Community Development has reviewed the proposed Individual Project Order (Exhibit "D") and finds it to be in compliance with the State requirements; and WHEREAS, the Director of Community Development recommends approval of this Individual Project Order (Exhibit "D") pursuant to the previously approved Agreement; and WHEREAS, the Director of Community Development has included funds in the amount of $18,850.00 to contract with the consultant in the approved 1996-97 Budget; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in 1 1 1 March 26, 1997 - Temp. Reso. #7815 3 the best interests of the citizens and residents of the City of Tamarac to execute an Individual Project Order (Exhibit "D") pursuant to a previously approved Agreement with James Duncan and Associates in the amount of $18,850 required for additional services in the revision to the City of Tamarac Land Development Code pursuant to the Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments. 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 execute an Individual Project Order (Exhibit "D") pursuant to a previously approved Agreement with James Duncan and Associates in the amount of $18,850 required for additional services in the revision of the City of Tamarac Land Development Code pursuant to the Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments, a copy of the July 26, 1995 Agreement (Exhibit "'I") and Individual Project Order (Exhibit "D") are attached hereto and made a part hereof. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 March 26, 1997 - Temp. Reso. #7815 4 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. SECTION : This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fok. HTCHELL S. Kai CITY ATTORNEY Comm dev\c:\userdata\wpdata\res\7815reso\ps 47 day of 144AI L. 11997. JOE SCHREIBER MAYOR RECORD OF COMMISSION MANOR DIST dr 66 f ... DIST 2:.. ` ' DIST 3: r„ ,,,gam„, DIST 4: 71 EXHIBIT 111" Temp. Reso. #7119 -July 6, 1995 Revision No. 1 - July 14, 1995 Revision No. 2 - July 17, 1995 Revision No. 3 - July 19, 1995 AGREEMENT BETWEEN THE CITY OF TAMARAC AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) THIS AGREEMENT made this L(o day of 4-1995, by'and between (the "City' and Ja es Duncan and Associates, of (the "Consultant"); City intends to undertake i WHEREAS, the City desires to engage the Consultant to perform certain . Orofessional planning services; and WHEREAS, the City and the Consultant desire to set forth herewith the generai terms and conditions whereby the Consultant will provide services to the City, the particulars of each such engagement being set forth in the attached Scope of Services. NOW THEREFORE, the City and the Consultant, in consideration of their mutual covenants herein, agree in respect of the performance of professional services by the consultant and the payment of those services by the City as set forth below: (1) Scooe of -Agreement,. The Consultant will fumish professional services for the City, as more specifically described in the Scope of Services, which are attached hereto as Exhibit "A" and incorporated herein by reference hereinafter (the "Services"). (2) AdditionalSeryices_ The undertaking of the Consultant to perform professional services under this Agreement extends only to the services set forth in and more specifically described in the Scope of Services. If requested by the City and agreed to by the Consultant, the Consultant will perform additional services ("Additional �Servicesl and shall be compensated as set forth below. 1 I. (3) ill ' M The City shall do the following in a timely manner so as not to delay the services of the Consultant. (a) Designate in writing a person to act as the City's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the Consultant's services for the Project. (b) Provide all criteria and full information as to the CIWs requirements for the Project, including objectives and constraints, space, capacity and performance requirements and expectations, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the drawings and specifications. (c) Assist the Loonsuitant Uy N►ate►►►a �........_r__-- information pertinent to the Project including previous reports and any other data relative to studies, design, or construction or operation of the Project- (d) Arrange for access to and make all provisions for the Consultant to enter upon public and private properly as required for the Consultant to perform services under this Agreement. (e) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant obtain advice of an attorney, insurance counselor and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. The Consultant shall have no liability to the City for delays resulting from City's failure to review documents -promptly. (f) Furnish approvals and permits for ail government authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. (g) Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such as legal services as the City may require or the Consultant may reasonably request with regard 2 o legal issues pertaining to the Project including any that may be raised by the contractor(s) employed by the City (hereinafter the " Contractors', and such auditing service as the City may require to ascertain how or for what purpose any Contractor has used the monies paid to him under the contract. (a) The provisions of this section and the various rates of compensation for the Consultant provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through its completion. (b) The Consultant shall begin work promptly after receipt of a fully executed copy of this Agreement and will complete the Services described in the Scope of Services within the time schedule mutually agreed upon. The times for performance established in such schedule shall be extended as necessary for periods of delay resulting from strikes, natural disasters, and similar circumstances of which the Consultant has no control. If the City requests in writing significant modifications in the scope of the Project, the time of performance of the Consultant's Services shall be adjusted appropriately. (c) In addition, if the Consultant's Services or any required Additional Services are delayed or suspended in whole or in part for more than three (3) months, either party may elect to terminate by written notice to the other. (d) The Consultant's receipt of a fully executed copy of this Agreement shall constitute written notice for it to proceed with performance of the Services. (a) For services described in Exhibit "A", the Consultant's compensation shall be a fee of $20,224.00, to be paid as prescribed in Exhibit "A". If upon the request of the City, the Consultant agrees to perform Additional Service hereunder, the City shall issue an Individual Project Order (IPO) for the performance of such Additional Services, unless said services are otherwise 3 provided for. (7) PaVment Qf (a) The Consultant's compensation is to be paid as prescribed in Exhibit "A". Payment of each invoice will be due within thirty (30) days of delivery of final product or all deliverables, and any City property to the City and any grant - providing agency. (b) If the City objects to any statement submitted by the Consultant, he shall so advise the Consultant in writing giving reasons within fourteen (14) days of receipt of such bill. Consultant shall have fourteen (14) days to respond to the Cl y's written objections. Payout may be withheld until objections have been resolved between the parties or settled pursuant to Section 14. (c) The City acknowledges and agrees that the payment for services rendered and expenses incurred by the Consultant pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agreement..,. (S) cmmwhin and ReUs2.nf 09GUMOD M All documents including drawings, specifications, and data or programs, stored electronically, prepared or furnished by the Consultant (and the Consultant's independent professional associates and consultants) pursuant to this Agreement shall be considered to be instruments of professional service. Nevertheless, the documents prepared under this Agreement shall be transferred to the City upo n completion or termination of the Consultant's services. Such documents shall be considered the property of the City and may be used for any purpo se of the City. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the Consultant or to the Consultant's independent professional associates or consultants. (s) TerminatiM This Agreement may be terminated by City or Consultant for cause or by the City for convenience, upon thirty (30) days written notice by the terminating party to the other party of such termination in which event the Consultant shall be paid its 4 Oompensation for services performed to termination date including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, it shall indemnify the City against loss pertaining to this termination. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant shall be transferred to the City in accordance with the provisions of Section (8) of this contract. Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt, by Consultant, of written notice of such neglect or failure; further Consultant shall be in default if more than thirty (30) days shall be required because of the nature of the default and Consultant fails within said thirty (30) day period to commence and thereafter diligently proceed to cure such default. ... . (10) ". Consultant agrees that he or she will, in the performance of work and" services under this Agreement, comply with any and all Federal, State and local laws and regulations now in effect, or hereinafter enacted during the tern of this Agreement which are applicable to Consultant, its employees, agents or consultant, if any, with respect to the work and services described herein. (11) Insurance. Consultant shall maintain in full force and effect during the life of the Agreement, Automobile and General Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000.00), and Statutory Workers' Compensation insurance covering all employees in performance of work under the contract. Consultant shall make this same requirement of any of its subcontractors. Consultant shall indemnify and save City harmless from any damage resulting to them for failure of the Consultant to take out or maintain such insurance. Neither Consultant nor any subcontractor shall commence work under this M 0 Agreement until they have obtained all insurance required under this section and have supplied City with evidence of such coverage in the form of a Certificate of insurance and endorsement. Consultant shall be responsible for delivery to the City the certificate of insurance for City approval. Such certificates shall be approved by City. ALL INSURANCE COMPANIES PROVIDED SHOULD: Be rated at least A+ VII per Best's Key Rating Guide; Be licensed to do business in Florida. All Policies should be occurrence not Claims Made Forms The Consultant shall name the City as an additional insured on its general liability Insurance policy. Consultant shall require insurance companies providing coverage to give City thirty (30) days' written notice of its intent to cancel or terminate policy. Consultant's insurance shall be primary. (12) standard of Perfa=a= In performing its professional services hereunder, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. (13) lndemntL (a) Consultant shall indemnify and save the City harmless from and against any and all claims, suits, actions, damages and causes of action arising out of this Agreement arising from the Consultant's negligent performance of this Agreement, as measured against the standard of performance described in paragraph 12 above. (b) It is specifically understood and agreed that the consideration inuring to Consultant for the execution of this Agreement are the promises payments covenants, rights and responsibilities contained herein, and the award of this Contract to Consultant. (14) 2- All claims, counterclaims, disputes, 0 and other matters in question between E e City and the Consultant arising out of this Agreement or the breach thereof shall be decided by the state of Florida judicial action. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit be brought or not, the nonprevaiiing party agrees to pay all such costs and expenses including, but not limited to, court or other action costs, interest, and reasonable attomeys' fees. (16) Peinlitc Taxes_ Licgnges. The Consultant shall at his own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, State and Federal laws, rules and regulations applicable to business to be carried out under this Agreement. Consultant agrees to keep such records and accounts as may be Wecessary in order to record complete and correct entries of all work performed pursuant to the Agreement including, but not limited to direct personnel payroll and' reimbursable expenses pertaining to this Project Said records will be available for examination by City at Consultant's offices located at 15287 75th Avenue North, Palm Beach Gardens, Florida 33418. (18) The Consultant agrees that it will not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. The Consultant further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation or such provisions shall constitute a material breach of this Agreement. (19) Consultant is an independent contractor under this Agreement. Personal 0 services provided by the Consultant shall be by employees of the Consultant and 7 I subject to supervision by the Consultant, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. (20) News releases, publicity releases, or advertisements pertaining to this Project will not be made without prior City approval, and then only in coordination with the Community Development Department. (21) In the event that this contract is the subject of litigation between the Consultant and the City, the parties hereto agree that this contract shall be construed according to the laws of the State of Florida and venue of such litigation shall be in Broward County. -� (22) The Consultant shall be responsible for the completeness and accuracy of ds work, plans supporting data, and other documents prepared or compiled under its • obligation pursuant to this Agreement, and shall correct at its expense ail errors or omissions therein which may be disclosed. The cost of the services necessary to correct those errors attributable to the Consultant shall be chargeable to the Consultant. The fact that the City has accepted or approved the Consultant's work shall in no way relieve the Consultant of any of its responsibilities. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the City or other public or semi-public agencies which the Consultant should reasonably expect to be accurate and which the Consultant could not reasonably be expected to know to be inaccurate. (23) It is understood and agreed that in seeking the professional services of the Consultant under this Agreement, the City does not request the Consultant to undertake to perform any services, studies, or tests, or to make any determinations 8 Oevolving or related in any manner to hazardous substances, as defined by Federal law. If any condition relating to a hazardous substance, specifically including but not limited to asbestos, is observed by the Consultant or is alleged during the course of the performance of the services hereunder, the Consultant shall have the right to cease all service hereunder until the hazardous substance condition has been eliminated. The Consultant shall notify the City of such condition, and the City shall be solely responsible for the elimination of the hazardous substance condition. if the services to be performed by the Consultant hereunder cannot be performed because of the existence of the hazardous substance condition, the existence of the condition shall be deemed to be substantial failure on the part of the City to perform in accordance with the terms of this Agreement, through no fault of the Consultant, for the purposes of termination under paragraph (10). (24) - This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstance, by Consultant without the prior_ written consent of the City. This Agreement or any portion thereof, may not be subcontracted without the prior written consent of the City. (25) Confidentiality. . The City hereby consents to the use and dissemination by the Consultant of photographs of the Project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of the services hereunder. (26) This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. (27) This Agreement constitutes the entire Agreement between the Consultant 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 9 document executed by both the Consultant and the City. (28) Nobs . 0 Whenever either party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit With a Copy to: City Manager Director of community Development City of Tamarac amity of Tamarac 7525 NW 88 Avenue 7525 N88 FL 33enu 2401 Tamarac, FL 33321-2401 Tamarac, City Attorney 7525 NW 88 Avenue Tamarac, Ft 33321-2401 ' SoNSULM James Duncan and Associates 15267 75th Avenue North palm Beach Gardens, Florida 33418 (29) Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. Also, the non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 10 C� r� IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Norman Abramowitz, and James Duncan and Associates signing by and through James B. Duncan, Principal, duly authorized to execute same. ATTEST: aroi Evans, City Clerk Date: S • 11 CITY OF TAMA C B Norman Abramowitz, Ma Date: n S 1 1 Ae- 7�r=A 1 wl Roert S. Noe, Jr., City ger Date: roved as to form and Mitchell S. KrAft, city Attorney AGREEMENT 13ETVVEEN THE CITY OF AND JAMS 5 DUNCAN AND ASSOCIATES 0 FOR CITY OF TAMARAC, EVALUATION AND APPRAISAL REPORT (EAR) fc;j ATTEST. Witnessmes B. Duncan, Principal Date:LEI Witness STATE OF FLORIDA COUNTY OF - �� �. , to me well known • Before me personally appeared � and who executed file foregoing and known to me to be the person described in instrument and acknowledged to and before me that helshe executed said instrument for the purposes therein expressed. 1 day of 1995- WITNESS my hand and official seal, this Y —Y'Y'\ Notary Public, State of P'.•�+w`¢ D®ORAti MOORE Florida At Large Notht PuhJ4 ate at TO] ho..�`* FE�.4.1996 Print or Type Name of Notary My Commission Expires: Personally known Produced Identification Did/Did Not take an oath. 0 12 �XI"tttjll "A" Is r� u • iz-f J �� July 6, 1995 - Temp. Reso. #7119 Revision No. 1 - July 14, 1995 Revision No. 2 - July 17, 1995 Revision No. 3 - July 19, 1995 CITY OF TAMARAC. FLORIDA RESOLUTION NO. R-95-1" A RESOLUTION OF THE Ci7Y COMMISSION OF THE CiTY OF TAMARAC, FLORIDA, REPEALING RESOLUTION 95-138 WHICH PROVIDED FOR AN AGREEMENT WITH ROBERT K. SWARTHOUT AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH JAMES DUNCAN AND ASSOCIATES FOR PREPARATION OF THE CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT FOR THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN ii- WHEREAS, the City Commission of the City of Tamarac wishes to complete the. State required Evaluation and Appraisal Report (EAR) for the Comprehensive Plan of the City; and WHEREAS, the City received a Grant from the Florida Department of Community Affairs to assist in preparing the Evaluation and Appraisal Report (EAR); and WHEREAS, the City Commission approved an Agreement with Robert K. Swarthout at their regular meeting on June 28,1995; and WHEREAS, the consultant firm of Robert K. Swarthout declined -the Final Agreement with the City because of the City's Standard Indemnity Provisions; and WHEREAS, it is now appropriate to repeal Resolution 95-138 which authorized the Robert K. Swarthout Agreement, and WHEREAS, the City sent out notices to twenty-nine (29) firms, five (5) were short-listed and interviewed, and James Duncan and Associates was selected on the firm's ability to work under the allotted time and money; and WHEREAS, the City selected James Duncan and Associates to complete the state - mandated Evaluation and Appraisal Report (EAR) contract; and July d, 1995 - Temp. Reso. #7119 Z Revision No. 1 - Juiy 14, 1995 Revision No. 2 . July 17, 1995 Revision No. 3 . July 19. 1995 • WHEREAS, the Director of Community Development recommends approval of this Agreement: and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to execute an agreement with James Duncan and Associates for the City of Tamarac Evaluation and Appraisal Report (EAR). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: The foregoing'VIHEREAS" clauses are hereby ratified and confirmO as being true and correct and is hereby made a specific part of this Resolution. . That Resolution 95-138, approved by the City Commission at their regular meeting on June 28, 1995 authorizing an Agreement for Robert K. Swarthout toprepare the City of Tamarac Evaluation and Appraisal Report for the Comprehensive Plan required by the State of Ftdrida, is hereby repealed. That the appropriate City Officials are hereby authorized to execute MRROJINWN an Agreement with James Duncan and Associates for the City of Tamarac's Evaluation and Appraisal Report (EAR), a copy of said agreement being attached hereto as "Exhibit 1". AN resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict �ql:CTIOLJ I: 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. 0 July 6 1995 - Temp. Reso. #7119 3 J Y Revision No. 1 - July 14, 1995 Revision No. Z - July 17, 1995 Revision No. 3 - July 19, 1995 This Resolution shall become effective immediately upon its passage and adoption. PASSED. ADOPTED AND APPROVED this ATTEST. .fr . CAROL A. EVANS CITY CLERK 1 HERE$Y CERTIFY umd i have approved this RE5 IJTION as to fo - ITCHELL S. KRA. CITY ATTORNEY aamx�l► day ofYZ/4/ '1995. v Np ABAAWRAMOWI MAYOR RECORD OF [ I TY%k� �-I�U!L•i:'iii r DIST. 1: V / M KATZ GIST. 2: COMM. MISHKIN GIST. 3- COMM. SCHREIBER DIS . 4: COMM. MACHEK Temp. Reso. #7119 - July 6, 1995 Revision No. 1 - July 14, 1995 Revision No. 2 - July 17, 1995 Revision No. 3 - July 19, 1995 EXHIBIT "1" AGREEMENT BETWEEN THE Y OF TAMARAC AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) THIS AGREEMENT made this 26 day of 1995, by and between (the "City') and Ja as Duncan and Associates, of (the "Consultant'); City intends to unbl 171 • •f � WHEREAS, the City desires to engag * the Consultant to perform certain professional planning services; and WHEREAS, the City and the Consultant desire to set forth herewith the general the teens and conditions whereby the Consultant will provide services to the City, es. particulars of each such engagement being set forth in the attached Scope of Services. NOW THEREFORE, the City and the Consultant, in consideration of their mutual covenants herein, agree in respect of the performance of professional services by the consultant and the payment of those services by the City as set forth below: The Consultant will furnish professional services for the City, ,ity, as morespecifically described in the Scope of Services, which are attached heret o as Exhibit •A" and incorporated herein by reference hereinafter (the "Services"). The undertaking of the Consultant to perform (Z) Agreement extends only to the services set forth in and professional services under this A9 more specifically described in the Scope of Services. if requested by the City and al agreed to by the Consultant, the Consultant will perform additional services ( Addition Services") and shall be compensated as set forth below. 0 1 /Z-7 (3) QW ResQ9 1-Ilb—irlii-QL The City shall do the following in a timely manner as not to delay the services of the Consultant. Designate in writing a person to act as the City's representative with 0 so (a) respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the Consultant's services for the Project. Provide all criteria and full information as to the City's requirements (b) for the Project, including objectives and constraints, space, capacity and performance requirements and expectations, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which the City, will require to be included in the drawings and specifications. (c) Assist the Consultant by placing at its disposal all available information pertinent to the Project inciuding_previous reports and any other data relative to studies, design, or construction or operation of the Project. ... (d) Arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services under this Agreement . (e) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant obtain advice of an attomey, insurance counselor and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. The Consultant shall have no liability to the City for delays resulting from City's failure to review documents promptly. (f) Furnish approvals and permits for all government authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. (g) Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such as legal services as the City may require or the Consultant may reasonably request with regard 2 to legal issues pertaining to the Project including any that may be raised by theditin hereinafter the "Contractors'), and such auditing contractor(s) employed by the City ( Contractor service as the City may require to ascertain how or for what purpose an y has used the monies paid to him under the contract. ates of (a) The provisions of this section and the various r compensation for the Consultant provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through its completion. . (b) The . Consultant shall begin work promptly after receipt of a fully executed copy of this Agreement and will complete the Services described in the Scope of Services within the time schedule mutually agreed upon. The times for performance established in such schedule shall be extended as necessary for periods of delay resulting from strikes, natural disasters, and similar circumstances of which the n the Consultant has no control. If the City requests in writing significant modifications ` sco a of the Project, the time of performance of the Consultant's Services shal l i P adjusted appropriately. aired Additional (c) In addition, if the Consultant's Services or any ree (�) months, Services are delayed or suspended in whole or in part for more than either party may elect to terminate by written notice to the other. o f this Agreement . (d) The Consultant's receipt of a fully executed copy shall constitute written notice for it to proceed with performance of the Services. (5) MmmCnIatigm (a) For services described in Exhibit "A"• comp the Consultant's compensation shall be a.fee of $20,224.00, to be paid as prescribed in Exhibit "A"• (6) If upon the request of the City, the Consultant agrees to perform for Addi tional Service hereunder, the City shall issue an Individual Project Order (Ipp ) the performance of such Additional Services, unless said services are otherwise 3 ` /C G � 3 1 O V 0rovided for. (7) Pava2ent of Servios- (a) The Consultant's compensation is to be paid as prescribed in Exhibit "A". Payment of each invoice will be due within thirty (30) days of delivery of final product or all deliverables, and any City property to the City and any grant - providing agency. (b) If the City objects to any statement submitted by the Consultant, he shall so advise the Consultant in writing giving reasons within fourteen (14) days of receipt of such bill. Consultant shall have fourteen (14) days to respond to the City's written objections. Payout may be withheld until objections have been resolved between the parries or settled pursuant to Section 14. (c) The City acknowledges and agrees that the payment for services -- rendered and expenses incurred by the Consultant pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agreement r„ (S) All documents including drawings, specifications, and data or programs, stoned electronically, prepared or furnished by the Consultant (and the Consultant's independent professional associates and consultants) pursuant to this Agreement shall be considered to be instruments of professional service. Nevertheless, the documents prepared under this Agreement shall be transferred to the City upon completion or termination of the Consultant's services. Such documents shall be considered the property of the City and may be used for any purpose of the City. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the Consultant or to the Consultant's independent professional associates or consultants. (g) Termination. This Agreement may be terminated by City or Consultant for cause or by the City for convenience, upon thirty (30) days written notice by the terminating party to the other party of such termination in which event the Consultant shall be paid its 4 Y compensation for services performed to termination date including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, it shall indemnify the City against loss pertaining to this drawings, termination. All finished or unfinished documents, data, studies. surve ys, maps, models, photographs and reports prepared by Consultant shall be transferred -to the City in accordance with the provisions of Section (8) of this contract. Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt, by Consultant, of written notice of such neglect or failure; further Consultant shall be in default if more than thirty (30) days shall be required because of the nature of the default and Consultant fails within said thirty (30) day period to commence and thereafter diligently proceed to cure such default. (10) Consultant agrees that he or she will. in the performance of work and' services under this Agreement, comply with any and a!1 Federal. State and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement which are applicable to Consultant, its employees, agents or Consultant, if any, with respect to the work and services described herein. (11) 10JUM= Consultant shall maintain in full force and effect during the life of the the 9 A reement, Automobile and Genera! Uabiiity Insurance with limits of not less than F• Hundred Thousand Dollars ($500,000.00), and Statutory Workers' Compensation insurance covering all employees in performance of work under the contract of its subcontractors• Consultant shall make this same requirement of any Consultant shalt indemnify and save City harmless from any damage resulting to them for failure of the Consultant to take out or maintain such insurance - Neither Consultant nor any subcontractor shall commence work under this 5 • C� 0greement until they have obtained all insurance required under this section and have upplied City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. Consultant shall be responsible for delivery to the City the certificate of insurance for City approval. Such certificates shall be approved by City. ALL INSURANCE COMPANIES PROVIDED SHOULD: Be rated at least A+ VI1 per Best's Key Rating Guide; Be licensed to do business in Florida. All Policies should be Occurrence not Claims Made Forms The Consultant shall name the City as an additional. insured on its general liability insurance policy. Consultant shall require insurance companies providing coverage to give City thirty (30) days' written notice of its intent to cancel or terminate policy. Consultant's insurance _- shall be primary. - (12) Standard- of-PeffQrm3I3= In performing its professional services hereunder, the Consultant will use that degree of care and skill ordinarily exercised. under similar circumstances, by reputable members of its profession practicing in the same or similar locality. (13) Indemnity. (a) Consultant shall indemnify and save the City harmless from and against any and all claims, suits, actions, damages and causes of action arising out of this Agreement arising from the Consultant's negligent performance of this Agreement, as measured against the standard of performance described in paragraph 12 above. (b) It is specifically understood and agreed that the consideration inuring to Consultant for the execution of this Agreement are the promises payments covenants, rights and responsibilities contained herein, and the award of this Contract to Consultant. (14) D1812uteL All claims, counterclaims, disputes, and other matters in question between 2 the City and the Consuitant arising out of this Agreement or the breach thereof shall be decided by the state of "Florida" judicial action. (15) If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit be brought or not, the nonprevailing party agrees to pay all such costs and expenses including, but not limited to, court or other action costs, interest, and reasonable attorneys' fees. (18) The Consultant shall at his own expense obtain all necessary pemits, pay all licenses, fees and taxes, required to comply with all local ordinances. State and Federal laws, rules and regulations applicable to business to be carried out under this Agreement. (17) g ram, Consultant agrees to keep such 'records and accounts as may be necessary in order to record complete and correct entries of all work performed pursuant to the Agreement including, bui not limited to direct personnel payroll and reimbursable expenses pertaining to this Project. Said records wiil be available for examination by City at Consultant's offices located at 15267 75th Avenue North, Palm Beach Gardens, Florida 33418. (18) - The Consultant agrees that it will not discriminate against any of its employees or applicantsfor employment because of their race, color, religion. sex. or national origin, and to abide by all Federal and State laws regarding non-discrimination. The Consultant further agrees to insert the foregoing provisions in all subcontracts her eunder except subcontracts for standard commercial supplies or raw materials, Any violation or such provisions shall constitute a material breach of this Agreement. (1 g) Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and 7 • -9&-3 r bject to supervision by the Consultant, and not as officers, employees, or agents of e City. Personnel policies, tax responsibilities, social security and-heaith insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. (20) News Eek=PREbu ���ity. News releases, publicity releases, or advertisements pertaining to this Project will not be made without prior City approval, and then only in coordination with the Community Development Department. (21) Contract 01=12. In the event that this contract is the subject of litigation between the Consultant and the City, the parties hereto agree that this contract shall be construed according to the laws of the State of Florida and venue of such litigation shall be in -- Broward County. _ (22)of Com2faten2as and 6ccuracy r The Consultant shall be responsible for the completeness and accuracy of its work, plans supporting data, and other documents prepared or iced under its compiled obligation pursuant to this Agreement, and. shall correct at its expense all errors or omissions therein which may be disclosed. Tile cost of the services necessary to correct those errors attributable to the Consultant shall be chargeable to the Consultant. The fact that the City has accepted or approved the Consultant's work shall in no way relieve the Consultant of any of its responsibilities. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the City or other public or semi-public agencies which the Consultant should reasonably expect to be accurate and which the Consultant could not reasonably be expected to know to be inaccurate. (23) It Is understood and agreed that in seeking the professional services of the Consultant under this Agreement, the City does not request the Consultant to undertake to perform any services, studies, or tests, or to make any determinations 8 Federal law. related in any manner to hazardous substances, as defined by of limited involving or re specifically including but n If any condition relating to a hazardous substance, during the course of the to asbestos, is observed by the Consultant or is alleged shall have the right to cease all performance of the services hereunder, the Consultant hazardous substance condition has been eliminated. The service hereunder until the shall be solely Consultant shall notify the City of such condition, and the City shall bif the services to responsible for the elimination of the hazardous substance condition.ause of the rasp erforrrted because be performed by the Consultant hereunder cannot be P stance of the condition shall be existence of the hazardous substance condition, the existence erform in accordance with deemed to be substantial failure on the part of the City the terms of this Agreement, through no fault of the Consultant, for the purposes of termination under paragraph (10). (24) - - r an interest herein, shalt not be assigned, transferred This Agreement, o Y under any circumstance. by Consultanrt without the pnor or otherwise encumbered, portion thereof, may not be Of the City This Agreement or any P written consent. s ubcontmcted without the Prior written consent of the City. (25) the Consultant The City hereby con sents to the use and dissemination by 'act and to the use by the Consultant of facts. date and of photographs of the Prot in{ormatian obtained by the Consultant in the performanceof the services hereunder. (26) thereof shall inure to the .This Agreement shall bind, and the benescrs, administrators, respective parties hereto, their legal representatNes. axe successors and assigns_ (27) Agreement between the Consultant This Agreement constitutes the entice Ag between the parties aTe merged and the City. and negotiations and orai understandings herein. This a written is Agreement can be supplemented and/or amended only by 9 ument executed by both the Consultant and the City. (28) Whenever either party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: With a Copy to: City Manager Director of Community Development City of Tamarac City of Tamarac 7525 NW 88 Avenue 7525 NW 88 Avenue Tamarac, FL 33321-2401 Tamarac, FL 33321-2401 City Attorney 7525 NW 88 Avenue Tamarac, FL 33321-2401 nnNSULTANT_ James Duncan and Associates 15267 75th Avenue North palm Beach Gardens, Florida 33418 (29) Any provision in this Agreement that is prohibited or unenforceable in any Jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. Also, the non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shalt it affect the enforceability of that provision or of the remainder of this Wgreement. 10 IN WITNESS WHEREOF, the parties hereto have made and executed this ng signi City of Tamarac Agreement on the respective dates under each signature, the and rough its signs through its City Manager and its City Commission signing by and through Norman Abramowitz, and James Duncan andAssociates same. oi esiging by 9 James B. Duncan, Principal, duly authorize a ATTEST. Carol Evans, City Clerk., Date: S 11 CITY OF TAMA C B Norman Abramowitz, Ma Date: r ;Nit A Robert S. Noe, Jr.. City Ma . g� Date- S" • • AGREEMENT BETWEEN THE CITY OF TAMARAC AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) ATTEST: CXX�TRACTO R: /7: d' "/4 -- STATE OF FLORIDA COUNTY OF es 13. Duncan, Principal Date: J� N I f� Before me personally appeared ��-�^+� B- , to me well known *and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of 1995• E D®ORAH MOORE No"Pablo. SUM at To= ...* FEB. 4,1995 My Commission Expires: Personally known Produced Identification ,001d./Did Not take an oath. 12 Notary Public, State of Florida At Large --Dabn/�o vrm.� 1 � ` a O t� Print or Type Name of Notary 1107 1V(0 EXHIBIT "A" EVALUATION AND APPRAISAL REPORT SCOPE OF WORK FOR CITY OF TAMARAC COVENANT FOR SERVICES The Citydoes hereby contract with the Consultant to pant does hereby een er the services uch services described herein and the consul et forth in this contract. P ' under the terms and conditions s nt a rees to obtain and read, or has already obtainedby he The consults 9 luation and Appraisal Reports: A Guidebook prepared contents of went f Community Affairs: Florida Department II WORK TASK AND PRODUCT is contract and the nt agrees, under the terms and conditions of this perform, and The Consults 9 regulations, to undertake. applicable state and local laws and reg de kpian Report and Draft complete a Draft and Final Evaluation and Appraisala Compreed hensive Pl an Amendments related thereto. The work will be the FloridaFl aid in such a way as to fulfill the minimum require Consultant will provide the Administrative Code and sA63.3191, F.S. The following: Workplan document which addresses the responsibilitiesassistance thef (q) A draft EAR P Appraisal Report planning the City under its Evaluation and contract with the Florida Department of Community Affairs - Draft amendments as specified in the RFP letter. App() sisal Report WorkPlan (C) A first revision of the draft Evaluation of the City staff. document based on suggestions Appraisal Report Community l (p) A second revision of the draft Evaluation f the Florida Departmen • based on the sufficiency review Affairs and City staff. '11 be aced by no later than December 1,1995. (E) Draft amendments will prepared P / 4/" 6 - 3 / These amendments will be consistent with Chapter 163 of the Florida Statutes. (F) Draft amendments shall be submitted to City staff, the Local Planning Agency and the City Commission prior to submission Comments from the City staff, the Department of Community Affairs. Local Planning Agency and the City Commission will be incorporated into the draft that is submitted to the Florida Department of Community Affairs. (G) All drafts and revisions noted above shall be delivered in one one (1) per copy. The final draft shall be delivered in one (1) paper copy and will electronic copy to the City before May 30, 1996. The electronic copy be provided by the Consultant to the City in Auto CADD, Lotus Compatible and WordPerfect The City will provide to the Consultant an electronic base map; this electronic base map shall be clear of all extraneous data and it shall be in the same operating program format in which the City wishes the Consultant to produce his work. (H) Between contract execution and December 1, 1995, the Consultant will attend at least three (3) meetings Witheither d ubmrt City o tCtto� Progress City feP � staff and the Local Planning Agency an on the first Monday of each month. Ill DATE OF COMPLETION As Specified in the EAR legislation, or in this schedule, whichever is earlier. The draft document which addresses the responsibilities of the City under Its Evaluation and Appraisal Report planning assistance contract with the Florida Departrrien# of Community Affairs rtr ent � community Affairs by e draft document will be provided to the City and the Florida Department b1e by the Florida August 14, 1995, or at a time deemed accepts Department of Community Affairs. iV COMPENSATION Total compensation for this contract will not exceed twenty -thousand two - hundred and twenty-four dollars ($20,224.00) Ten -Thousand Dollars ($10,000.D0) will be paid when Section 11, Part A "The State Contract Work" is complete. 40 Five -thousand Dollars ($5,000.00) will be paid when the draft amendments. as ed and a roved by the City. specified in Section il, Part 8 are submitt PP ork Task The final balance shalt be paid when the remainder of a ount oft 1 is delivered to the City. The City's obligation shall not exceed the thousand two -hundred twenty-four dollars ($20,224.00)• The Consultant understands that as a subcontractor to a contract between the City of Tamarac and the Florida Department of Commterms and conditions of unity between the City Consultant is bound by the Department f Community Affairs. of Tamarac and the Fiord Consultant hereby agrees to hold the City of Tamarac and the Florida Department of Community Affairs harmless against ancl Claims Of whatsoever e ofworkunder DCA Contract nature arising out of the Consultant's perform No. 95-DR 72-1.1-le-02-078, to the extent allowed and required by law. The Consultant shall, at its own expense, during the tern of this be efit of the City continuously maintain in force a General Ubil'Policy if two hundred twenty-four of Tamarac in the maximum amount o twenty -thousand. dollars ($20,224.00). Idp cover page or title page of all reports, maps and other documents completed The P as a part of this contract shall acknowledge: .40 "preparation of this was aided througncial Government assistance received from the State of Florida under the Local Evaluation and Appraisal Report Assistance Prograr u he �izeddaby Chapter 93-208, Laws of Florida, and administerY Department of Community Affairs." The date (month and year) the document was prepared any ��on namshall also be of the subcontractor or recipient community responsible for its preparation shown. c.-a,wdW„WnKMftVWmw*=*02 0 ,I EXMrr "BIT 0 INDIVIDUAL PROJECT ORDER tion and A22WsAl R_ RREL ork Scots: L COVENANT FOR SERVICES The City does hereby contract with the Consultant to perform the services described herein and the Consultant does hereby agree to perform such services under the terms and conditions set -forth in the original agreement ("Agreement") contained in Tamarac Resolution No. R 95-I66 for the City of Tamarac Evaluation and Appraisal Report, and this Individual Project Order (TO) which is an exhibit to the Agreement IL WORK TASKS AND PRODUCT _ - Under Exhibit "A" to the Agreement, the Consultant has prepared the EAR dart and analysis work products which provide the State -required basis for the work specified in Chia Exhibit The Consultant agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the Evaluation and Appraisal (EAR) Report for the City of Tamarac and the Comprehensive Plan amendments recommended in the EAR Report The work will be completed in such a way as to fulfill the minimum requirements of 97-5.0055 of the Florida Administrative Code and s. 163.3191, F.S. The tasks will be performed by the Consultant, with specified City staff assisWnce as detailed below, eution and Appraisal (EAR) Repe,t (A) Prepare the draft EAR Report and submit one copy for initial staff review. As part of this task City staff will document the accuracy of the existing land use acreages and the fudwe land use designation of var -1 lands contained in the EAR Work Products Document prepared pursuant to Exhibit "A" of this contract If existing land use and vacant land designation inaccuracies an found, appropriate corrections will be made. (H) Followii.a City staff review►, appropriate modifi.. Ions will be made and one copy of the final EAR Report submitted for approval by the Local Planning Agency (LPA) and City Commission at separate public hearings. (C) Following adoption of the EAR Report by the City Commission. the Consultant will make any approved changes and submit one copy of the adopted EAR Report to the City for transmittal to the Florida Department of Community Affairs (FDCA) for required review. (D) When the FDCA review report is received, the Consultant and City staff will coordinate the preparation of recommended modifications to the EAR Report. Any additional data required in order to address State comments will be collected by City staff. The Consultant will prepare and submit one copy of the Final EAR Report for adoption by the LPA and City Commission. JIL DAM OF CObUIJ ION The tasks will be completed as follows: (A) March 15, 1996. ($) Much 22, 1996. -�- (C) April S. 1996. (D) May 1, 1996. II, C WZNSATION The total compensation for the completion of the Part l tasks specified in Section II of this exhibit is $17,1140. The Consailtaut will be paid 50% of the total Compensation for completion of Task IA, 25% for the completion of Tasks lH and IC, and 25% for the completion of Task 1D. These amounts will be paid by the City to the Consultant on a bi.weekly bans for work in progress and !work completed in an acceptable manner. The cost for additional copies requested by the City of any deliverables specified in the Part 1 work tasks is not included in the total compensation. The Conaultarnt shall, at its own expense, during the term of this gMment, continuously maintain in force a General Liability Policy for the benefit of the City of Tamarac in the maximum amount of seventeen -thousand eight -hundred forty dollars ($17,840.00). i� 0 V. xDHTiI FICATION OF DOCUM M73 The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Map or Document) was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Assistance Program authorized by Chapter 93-206, Laws of Florida, and administered by the Florida Depsr®ent of Community Afhh&II The date (mouth and year) the document was prepared and the name of the suboantractvr or recipient community responsible for its preparation shall also be shown. VL ORAND COh1DriMS _ r This Addendum (Individual Project Order - Exhibit B) ii subject to all soon and conditions set forth in the Am a emint including CiWs responsibilities„ ownership and Tense of documents, termination. compliance with laws, iosmmmce, stmufwd of Imformmm indemnity. dispums, litigant m expenses, permits, taxes; GMGM* non-dis airniaatian, independent cantcector, nem releasaefpnblichy. contra t ICU , ut% . aompietenew send accuracy of work, hawdoua suIbAwaas, assigament =4 .:- subcontracft confidentiality, binding erffeect; merger sad amaardtnMt, nods, andw envanbilitar waiver of provisions 9 0 e , ��- C�z & / EXHIBIT licit INDIVIDUAL PROJECT ORDER EAR -Based Comprehensive Plan Amendments meets ,o_rk Scooe: L " COVENANT FOR SERVICES The City does hereby contract with the Consultant to perform the services described herein and the Consultant does hereby agree to perform such services under the terms and conditions set forth in the original agreement ("Agreement") contained in Tamarac Resolution No. R-95-166 for the City of Tamarac Evaluation and Appraisal Report (EAR), and this Individual Project Order (IPO) which is an exhibit to the Agreement. WORK TASKS AND PRODUCT Under prior Exhibits "A" and `B" to the Agreement, the Consultant has prepared Comprehensive Plan the EAR data and analysis work products and the final Evaluation and Appraisal Report which provide the State -required basis for the work specified in this Exhibit. The Consultant agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the EAR -based Comprehensive Plan amendments for the City of Tamarac consistent with the EAR which was recently approved by the Florida Department of Community Affairs. The work will be completed in such a way as to fiXiill the minimum requirements of Rule 9J-5 of the Florida Administrative Code and Section 163, Florida Statutes The tasks will be performed by the Consultant, with specified City staff assistance as detailed below. Preparition of EAR-Balld ComIRMhendU Plan m dmen (A) The consultant will prepare the transmittal draft of the EAR -based Plan Amendments and submit three copies for staff review. City staff will be responsible for the preparation of reproducible originals of the Utilities Service Area Map, Park and Recreation Facilities Map, and the (amended) Future Land Use Map for inclusion in the Plan transmittal draft. r� C� C� 4 _'� 6 -,,.,2- & / (B) Following incorporation of appropriate staff comments, consultant will prepare and submit three copies of the transmittal draft of the EAR -based Comprehensive Plan amendments for distribution to the Local Planning Agency (LPA). (C) Consultant will attend the public hearing of the LPA to present the significant aspects of the EAR -based Plan amendments and answer questions. (D) Following the LPA hearing, any appropriate comments of the LPA Board members will be incorporated into the draft EAR -based amendment document. A public hearing draft (3 copies) will be prepared and submitted to City staff for distribution to the City Commission for the transmittal hearing. (E) Consultant will attend the transmittal hearing of the City Commission and present the important components of the EAR -based Comprehensive Plan amendments. (F) Following the City Commission hearing, any appropriate changes approved by the Commission will be incorporated into the final approved transmittal draft of the EAR -based Plan amendment document and three copies will be submitted to staff for submission to FDCA. DATES OF COMPLETION The estimated completion timeframes for each task is as follows based on days from Notice -To -Proceed (NIP): (A) 30 days (B) 45 days (C) 60 days (D) 75 days (E) 90 days (F) 120 days M COMPENSATION The total compensation for the completion of the tasks specified in Section II of this exhibit is $9,550. The Consultant will be paid 400/6 of the total compensation for completion of Task A, 20% for the completion of Task B, and 10% each for the completion of Tasks C-F. These amounts will be paid by the City to the Consultant on a 0 bi-weekly basis for work in progress and work completed in an acceptable manner. The 2 cost for additional copies (more than two) requested by the City of any deliverables specified in the work tasks is not included in the total compensation under this Exhibit and will be separately billed by the consultant. 0 The Consultant shall, at its own expense, during the term of this agreement, continuously maintain in force a General Liability Policy for the benefit of the City of Tamarac in the maximum amount of nine -thousand five -hundred and fifty dollars ($9,550.00). V. IDENTIFICATION OF DOCUMENTS The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Map or Document) was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Assistance Program authorized by Chapter 93-206, Laws of Florida, and administered by the Florida Department of Community Affairs." The date (month and year) the document was prepared and the name of the subcontractor or recipient community responsible for its preparation shall also be shown. VL OTHER TERMS AND CONDMONS This Addendum (Individual Project Order - Exhibit C) is subject to all terms and conditions set forth in the Agreement including City's responsibilities, ownership and reuse of documents, termination, compliance with laws, insurance, standard of performance, indemnity, disputes, litigation expenses, permits, taxes, licenses, records, non-discrimination, independent contractor, news releases/publicity, contract dispute, completeness and accuracy of work, hazardous substances, assignment and subcontracting, confidentiality, binding effect, merger and amendment, notices, and severability waiver of provisions 3 r� 0 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Vice - Mayor, Larry Mishkin, and James Duncan and Associates signing by and through James B. Duncan, Principal, duly authorized to execute same. ATTEST: Carol Evans, City Clerk Date: 1-5-- Lq 11 4 CITYOF AMARAC By: Larry Mish in, Vice -Mayor Date: el(* Robert S. Noe, Jr., City Manag r s-, f Date: 1/ 2 Approved as to form and legal Accy: :� k, C — Mitchell S. Kraft, Cl IvAftorney AGREEMENT BETWEEN THE CITY OF TAMARAC AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) BASED COMPREHENSIVE PLAN AMENDMENT ATTEST: Witnsos 1 `• Qt ass 2 STATE OF FLORIDA COUNTY OF S. Duncan, Principal ire me personally aged ' t me well known and known to rrw to be the parson deseWi6d 6 and who exomma the iarsgvin9 insh urnent; and a: knoNdedped Oo and betote me that he%he executed sad Insttvment for the purposes therein viresaw. WITNESS my hand and off dal seal, this day of � 19". My Commission Expinc R\n\'-a003 PKsonally known Produaed IdenWmflon DkY01d Na take an oath. 5 • • 0 08/19/1995 19:04 4077479320 JAMES DUNCAN & ASSOC PAGE 03 • AGREEMENT BETWEEN THE CITY OF TAMARAC AND JAMES DUNCAN AND ASSOCIATES FOR CITY OF TAMARAC EVALUATION AND APPRAISAL REPORT (EAR) t3ASEO COMPREHENSIVE PLAN AMENDMENT ATTEST: CAmu 211�& Witness 1'� 4- k � E,-, L Wknm 2 STATE OF FLORIDA COUNTY OF I B. Duncan, Betbre me personally appeared , \(Lr; --? to me well known and known to me to be the Person described in and who executed the foregoing instrument, and ackn0wiedged tb and before me that he/she executed said instrument for the purpoees therein expressed. WITNESS my hand and official steal, this day of , 19� pAMELAJ. t100CN Notary Public,, State of Texas My Commission Expires pw) 02-08-2000 My Commission Expires: Q_,�_ a (> 0 0 Pmonaliv known enttficaltion 01 Id Not toktr an oath. 5 Notary Public, Stat4 of Florida At Large �ayl^ C ) 0- 13 _ C�-a10C Y, Print or Type Name of Notary lR . qll - -It EXHIBIT "D" 0 Z-12-97 INDIVIDUAL PROJECT ORDER JInifled De-1oRM jnl Co a Work ScoQe: L COVENANT FOR SERVICES The City does hereby contract with the Consultant to perform the services described herein and the Consultant does hereby agree to perform such services under the terms and conditions set forth in the original agreement ("Agreemew) contained in Tamarac Resolution No. R-93-166 for the City of Tamarac Evaluation and Appraisal Report (EAR), and this Individual Project Order (IPO) which is an exhibit to the AlprMEMt. IL WORK TASKS AND PRODUCT Under prior Exhibits A, H and C to the Agreement, the Consultant has prepared Comprehensive Plan EAR data and analysis work products, the final Evaluation and Appraisal Report (EAR) and the EAR -based Comprehensive Plan amendments which provide the basis- for the work specified in this Exhibit. The Consultant agrees. under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the first draft of a Unified Land Development Code (ULDC) for the City of Tamarac consistent with the EAR -based Plan amendments now under consideration by the City Commission. The work will be completed in such a way as to fulfill the minimum requirements of Rule 9J-5 of the Florida Administrative Code and Section 163, Florida Statutes The tasks will be performed by the Consultant, with specified City staff assistance as detailed below_ (A) The consultant will meet with staff to ascertain planning and development issues related to the current City Code. The consultant will also hold workshops with the Planning Con amssion and the City Commission to present the planned work scope and facilitate input on relevant Code problems and opportunities. (B) Following staff meetings and above -specified public workshops, the consultant will prepare a summary of the issues which should be addressed in the preparation of the first draft of the Unified Land Development Code (ULDC) and will meet with . staff to finalize the issue sumtnary. (C) Following completion of ULDC issue summary, the consultant will prepare the initial draft of the ULDC. At a minimum the re -organized and updated Code will address the following: 1.) Incorporation of relevant portions of current Chapters 10 (LDRs), 1 l (landscaping), 17 (Planning And Dev.), N (Signs and Advertising), 20 (Streets/Sidewalks), 21(Subdivisions), 22 (Utilities), and 24 (Zoning) of the Tamarac Code of Ordinances. This list may be modified by the consultant to include other Code sections as deemed necessary and appropriate. 2.) Correct any obvious inconsistencies and redundancies among mquiro inen and review procedures identified in staff meetings and discovered by the consultant during ULDC preparation. 3.) Create a Quality industrial Development Overlay District for Land Section 7 per staff direction. 4.) Update relevant ULDC sections per adopted EAR -based Comprehensive Plan amendments. '(D) Upon completion of the draft of the Unified Land Development Code, the consultant will deliver a computer disk copy, a camera-ready original and three (3) hard copies of the draft ULDC to the City. 0 IM DATES OF COMPLEMN The estimated completion time frames for each task is as follows based on days from Notice -To -Proceed (NTP): (A) 30 days (B) 60 days (C) 120 days (D) ISO days x 0 IV. COMPENSATION The total compensation for the completion of the tasks specified in Section II of this exhibit is 518,850. The Consultant will be paid 20% of the total compensation for completion of Task A, 301/6 for the completion of Task B, 30% upon completion of Task C, and 209/6 upon completion of Task D . These amounts will be paid by the City to the Consultant on a bi-weekly basis for work in progress and work completed in an acceptable manner. The cost for additional copies requested by the City of any deliverables specified In the work tasks is not included in the total compensation under this Exhibit and will be separately billed by the consultant. The Consultant shall, at its own expense, during the term of this agreement, continuously maintain in force a General Liability Policy for the benefit of the City of Tamarac in the maximum amount of nine -thousand five -hundred and fifty dollars (S I B,850.00). V. IDE'NTMCATION OF DOCUMENTS The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Map or Document) was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Asaistance Program authorized by Chapter 93-206, Laws of Florida, and administered by the Florida Department of Community Affairs." The date (month and year) the document was prepared and the name of the subcontractor or recipient community responsible for its preparation shall also be shown. VL OTHER TERMS AND CONDMONS This Addendum (Individual Project Order - Exhibit D) is subject to all terms and conditions set forth in the Agreement including City's responsibilities, ownership and reuse of documents, termination, compliance with laws, insurance, standard of performance, indemnity, disputes, litigation expenses, permits, taxes, licenses, records, non-discrimination, independent contractor, news releases/publicity, contract dispute, completeness and accuracy of work, hazardous substances, assignment and subcontracting, confidentiality, binding effect, merger and amendment, notices, and sevvmbility waiver of provisions 3 r� CITY OF TAMARAC INTEROFFICE MEMORANDUM 97-03-037M COMMUNITY DEVELOPMENT DEPARTMENT TO: City Manager DATE: April 9, 1997 FROM: Director of Community RE: Addendum to Existing Development Evaluation and Appraisal Report (EAR) Agreement - Temp Reso #7815 Regommendatim The Director of Community Development recommends approval of an addendum to the previously approved Agreement selecting James Duncan and Associates as the sole source provider for preparing Phase IV, the revisions to the City of Tamarac Land Development Code pursuant to the Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments at the estimated cost of $18,850.00. luuue The City Commission approved Resolution R-95-166 approving James Duncan and Associates as the consultant to complete the State -mandated Evaluation and Appraisal Report of the City's Comprehensive Plan. The Florida Department of Community Affairs (FDCA) provided a grant to the City in the amount of $20,000.00 for completion of Phase I, but State funds were not available for subsequent phases of the project. The scope of work provided with leaving the remaining three (3) Phases to be determined at a later date. It is now time for the City to complete Phase IV of the EAR. Therefore, an addendum to the Agreement is recommended by staff to be approved b the City Commission Y ty for James Duncan and Associates to complete the next phase of the Evaluation and Appraisal Report (EAR). ackgroqmd: The City received a grant from the Florida Department of Community Affairs (FDCA) to hire a consultant to perform the State -mandated Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan. This process is required by the Florida Statues, and they mandate that the City follow the guidance provided in the adopted Comprehensive Plan. The EAR process consists of an examination of the City's Comprehensive Plan, existing land use and natural resources in the City, and an evaluation of the Goals, Objectives and Policies in the City's Plan. James Duncan and Associates was selected as the consultant for the completion of Phase I (Data and Analysis), Phase II (the evaluation of the Goals, Objectives and Policies) and Phase III (the recommended amendments to the City's Comprehensive Plan). The first two (2) phases were finalized and approved by the City Commission and subsequently approved by the Florida Department of Community Affairs (FDCA). The consultant is in the process of finalizing Phase III for review and approval by the Local Planning Agency (Planning Commission) and the City Commission no later than June 12, 1997. • City Manager Addendum to Existing EAR Agreement Page 2 To allow James Duncan and Associates the ability to continue working on the revisions to the Land Development Code pursuant to the Evaluation and Appraisal Report Based Comprehensive Plan Amendments, the City would need to execute an addendum to the Agreement. The addendum would be advantageous to the City, since James Duncan and Associates are already familiar with the City of Tamarac as a result of doing the work on Phases I, II and III, and have already begun taking the required steps to get ready for the final phase of the project. �1 --J—eOTey L. Miller JLM/ps r� L r] r1 u