HomeMy WebLinkAboutCity of Tamarac Resolution R-97-071March 26, 1997 - Temp. Reso. #7815 1
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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,
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and other matters in question between
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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
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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
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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
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document executed by both the Consultant and the City.
(28) Nobs .
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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.
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C�
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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
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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
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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
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�XI"tttjll "A"
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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.
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(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
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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 `
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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
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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
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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"
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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).
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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
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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.
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(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
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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
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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
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