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Home My WebLink AboutCity of Tamarac Resolution R-89-0551 2 3 4 5 5 Temp. Reso. #5338 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89- A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FAU/FIU JOINT CENTER FOR ENVIRONMENTAL AND URBAN PROBLEMS PERTAINING TO DEVELOPMENT OF AN INTERIM SERVICES FEE FOR THE CITY OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with FAU/FIU Joint Center for Environmental and Urban Problems pertaining to development of an Interim Services Fee for the City of Tamarac, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this 9 day of /� 1989. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOPEff CITY ATTORIT& ORMAN AB OWITZ 4X4 MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3:- C/M HOFFMAN DISTRICT 4: C/M BENDER y AGREEMENT THIS AGREEMENT, entered into on S , 1989, between: The City of Tamarac hereinafter referred to as the City and FLORIDA ATLANTIC UNIVERSITY/FLORIDA INTERNATIONAL UNIVERSITY JOINT CENTER FOR ENVIRONMENTAL AND URBAN PROBLEMS, a public non-profit, State University entity, for and on behalf of the State Board of Regents, a public corporation of the State of Florida hereinafter referred to as "CONSULTANT". WHEREAS the City desires the professional services of the CONSULTANT, to develop an interim services fee and WHEREAS the CONSULTANT possesses the requisite skills, knowledge, expertise and resources to develop such a program. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the City and the CONSULTANT agree as follows: The scope of services to be completed are summarized as follows: A. The review of statutory and case law to determine how to best devise the fee; B. The collection of data and design of the interim service fee rhodel; C. The assignment of costs for interim services to different types of development. agreement. This contract may be renewed for additional services at a cost to be mutually agreed upon and subject to the availability of funds, if determined to be in the best interest of the City to do so. All payments shall be subject to CONSULTANT presenting an invoice to the City for the payment currently due. Payment shall be made within thirty (30) days after the invoice has been received by the City. 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 Agreement to CONSULTATNT. Drawings, specifications, designs, models, photographs, reports, surveys, and other data obtained or prepared in connection with this Agreement are and shall remain the property of the City whether the Project for which they are made is executed or not. The City shalt have the right to use such documents on other projects. The CONSULTANT shall have the rights to any and all publications efforts resulting from reports, surveys, and other data obtained or prepared in connection with this Agreement. e ►, This Agreement may be terminated by the City or CONSULTANT for cause or by the City for convenience, upon fifteen (15) days written notice by the terminating party to the other party of such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, any surveys, drawings, maps, models, photographs and reports prepared by Consultant pursuant to this agreement shall become the property of the City and shall be delivered by CONSULTANT to the City. This Agreement, or any interest herein, shall not be assigned, 10 transferred or otherwise encumbered, under any circumstances, by CONSULTANT, without the prior written consent of the City. o • k lRlot AD1 P- 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 Florida and jurisdiction and venue of such litigation shall be in the circuit court of Broward County. The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation pursuant to this Agreement, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damages incurred by the City as a result of additional costs caused by such errors 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. 9100. _ LIVIUMSITTei. The CONSULTANT'S principal investigator to perform services under this agreement is Marie York, Senior Research Associate. The City's project manager under this agreement is John Kelly, City Manager. For purposes of directing the CONSULTANT and maintaining coordination and review of the Project. The. project manager shall have sole and complete responsibility to transmit instructions, receive information, interpret and communicate the City's policies and decisions with respect to all matters pertinent to the CONSULTANTS services. The project manager and, as appropriate, other City employees shall meet with the CONSULTANT as necessary to provide decisions for the duration of the Project, as well as to review and comment on interim reports. No actions outside the Scope of Services will be initiated by the CONSULTANT 10 without prior written authorization by the project manager, except for emergency situations requiring action within less than twenty-four (24) hours may be granted verbally by the project manager and to be followed EXHIBIT A 0 STAFFING AND DESCRIPTION OF SCOPE OF SERVICES The Joint Center staff that will have the primary responsibility for the City of Tamarac interim services fee development will be Marie L. York, Senior Research Associate; with assistance from Dr. James C. Nicholas, Associate Director for the Center for Growth Management Studies, University of Florida; and, under the direction of Dr. John M. DeGrove, director of the FAU/FIU Joint Center. Dr. John M. DeGrove, the Director of the Joint Center, is a nationally recognized expert and author on growth management and urban issues. As the past Secretary of the Department of Community Affairs, past Board Member of South Florida Water Management District, and member of numerous other commissions and professional councils, Dr. DeGrove will provide special insight into the policy implications of service fees. Ms. Marie L. York, an economist, led the team who developed the interim services fee for the City of Oakland Park. Ms. York specializes in analyzing the economic effects of policy and planning decisions made by . local goverenments. Before joining the staff at the FAU/FIU Joint Center Ms. York was the economist planner for the City of Boca Raton, Florida. Dr. James C. Nicholas, an economist, formerly the Associate Director of the FAU/FIU Joint Center for Environmental and Urban Problems, and currently the Associate Director for the Center for Growth Management Studies at the University of Florida, has been on the forefront of the development of impact fees and services fees in the country. Due to the unique nature of the development and adoption of interim service fees, i.e., the fact that little precedence exists and that they have not been found to withstand legal challenges, legal research is required. The review of statutory and case law will be handled by the law firm of Siemon, Larson, and Purdy. This firm has worked with the Joint Center on a number of other projects and has extensive expertise in impact fees, local government administration, and land use regulation. Significant assistance from the City of Tamarac's departments in developing the necessary data would also be required. Three steps will be taken to develop the fee: 0 Director: Dr. John M. DeGrove Principal investigator: Ms. Marie L. York 50% time for 4 months Research assistant: 75% time for 5 months Miscellaneous expenses Economic consultation: Dr. James C. Nicholas Legal Counsel: Siemon, Larsen, and Purdy Subtotal: Overhead at 20%: TOTAL: Services donated 5,936 300 $ 3,000 $ 4,000 $22,520 $ 4,504 $27,024