Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-88-162Temp. Reso. #5026 1 2 3 4 8 .9 10 11 12 13 14 15 16 17 20 21� 22 23 24 25 26 27 28 29 30 02 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- A RESOLUTION OF THE CITY OF TAMARAC APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CONTRACT BETWEEN THE CITY OF TAMARAC AND PLAN/NET; PERTAINING TO THE TAMARAC COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council of the City of Tamarac hereby approves the Contract between the City of Tamarac and Plan/Net in the amount of Three Thousand Five Hundred ($3,500) Dollars to develop an Evaluation and Appraisal Report asses- sing the 1979 City of Tamarac Comprehensive Plan of Tamarac in compliance with Rule 9J-5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act, attached hereto and made a part hereto as Exhibit "A". SECTION 2: That the appropriate City Officials are hereby authorized to execute said Contract. SECTION 3: This Resolution shall become effective imme- diately upon its passage. PASSED, ADOPTED AND APPROVED this! of%`l)G�i_ 1988. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. _�'.3un�� RICHARD DOODX CITY ATTORNEY ;NORMAN ABRAMOWITZ a MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: CIM ROHR DISTRICT 2: VIM STELZER C, U DISTRICT 3: C/M HOFFMAN ,, j i ,(L—. ;DISTRICT 4: C/M BENDER— �(.c �- GL 2 1'e PLAN / NET 1859 N. Pine Island Road • Suite 244 Plantation, FL 33322 (305) 584-7129 i March 22, 1988 The Honorable Norman Abramowitz Mayor City of Tamarac 5811 N. W. 88 Ave. Tamarac, Florida 33321 Dear Mayor Abramowitz: In accordance with the request of your City P)_anner, this agreement for Professional Services between J. W. Anderson, Jr. AICP (PLAN/NET) hereinafter referred to as CONSULTANT, and the City of Tamarac, hereinafter referred to as CITY is herewith submitted for your consideration and approval. I. PURPOSE OF AGREEMENT/PROJEC"r DESCRIPTION To assist the staff of the Department of Communitv Development in the preparation of Elements and other required work, as directed, in conjunction with The Local Government Comprehensive Planning and Land Development Regulaton Act of 1985, Chap. 1E3 FS. as awt faded, ar,v its implementing guidelines,. Chap. 9J-5 FAC, under the Terms and Conditions of the Contract between the Department of Community Affairs, S-(ate of Floridaa DCA) , and the City y of Tamarac, dated February 17, 1988, !I. SCOPE OF SERVICES The CONSULTANT wall do a:id perform the following services: CONSULTANT will prepare an Evaluation and Appraisal Poport (E:.R) which meets z:ho requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 as amended (Char.. 163. FS) . The EAR will assess t`-,k:. 1979 Comprehensive Plan for the City of Trimarzrc. The report will have as its major focus, .-he Goals, ebj :cti• fr ,'f_ and Pol-icies of the Comprehensive Plan, their effectiveness, and responsiveness to changing conditions, and the extent - to which they were implemented. -2- III. AGREEMENT PROVISIONS Section 1 - Time of Performanc 1.1. The above described work shall commence upon acceptance of this contract and receipt by the CONSULTANT of a signed copy thereof, and will be completed on or before August 1, 1988. Section 2 - Contract Administration - Compensation and Method of Payment 2.1. The proposed work described in the Scope of Services is for a lump sum of $3,500. 2.2. CONSULTANT will bill the city semi-monthly on the basis of percent of work completed in accordance with the Scope of Work described above. 2.3. Payment for services rendered is due upon receipt of an invoice by the CITY. Payment is delinquent thirty (30) days following receipt of the invoice. 2.4. Delinquency to pay or failure to perform services proposed to be performed shall be grounds for the termination of this Agreement. 2.5. In the event of any dispute concerning the accuracy or content of an invoice, the CITY shall, within fourteen (14) days of the receipt of said invoice, notify CONSULTANT in writing of the exact nature and amount of the dispute. Any invoice which is not questioned within fourteen (14) days shall be deemed due and owing. In the event an invoice or portion of an invoice is disputed within fourteen (14) days, the CITY shall be obligated to pay the undisputed portion of the invoice. Section 3 - Additional Services 3.1. Additional services requested by the CITY above and beyond those specified in this Agreement will be performed on an hourly fee basis in accordance with the Terms and Conditions of this Agreement at the rate of forty-five dollars ($45) per hour. Such additional services shall be specifically requested in writing by the CITY. Cl ►-1 )�'- ft, a >_ • -3- Section 4 - The CITY's Obligation 4.1. CONSULTANT shall work under the direction of the City Planner or, in her absence, such other person as the City Manager shall direct. 4.2. The CITY shall reports and data as work as described in manner. Section 5 - Termination provide CONSULTANT with all prior required for the performance of his the Scope of Services in a timely 5.1. This Agreement may be terminated by either party upon seven (7) days written notice for cause; or, in the event of the substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. In the event of any termination, CONSULTANT shall be paid for all satisfactorily completed services rendered to the date of termination. Section 6 - Persons Bound by Agreement • 6.1. The persons bound by this Agreement are the CONSULTANT and the CITY and their respective partners, successors, executors, administrators, assigns and ❑ther legal representatives. 6.2. This Agreement and any interest associated with it may not be assigned, sub -let or transferred by either party without the prior written consent of the other party. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent consultants, associates and subcontractors as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. 6.3. Nothing herin shall be construed to give any rights or benefits arising from this Agreement to anyone other than the CONSULTANT and the CITY. Section 7 - Liability 7.1. In accordance with the Terms and Conditions of the Contract between the CITY and the Department of Community Affairs, State of Florida, the CONSULTANT shall hold the CITY harmless against any claims of whatever nature by the 0 5 -4- • CONSULTANT arising out of the performance of work under this Agreement Section 8 _ Miscellaneous Provisions 8.1. CONSULTANT is entering into this Agreement with the understanding that the CITY has no agreements, either written or oral, for professional services relating to the Project which include any of those services within the Scope of Services defined herein. 8.2. All work performed by CONSULTANT will be in accordance with the highest professional standards and in accordance with all applicable governmental regulations, the Terms and Conditions of the CITY's contract with the State, Chapter 163 FS, and Rule 9J-5. 8.3. Since the final products of this Agreement will be incorporated into the final amended Comprehensive Plan, the State's sufficiency determination will not be made until after the entire plan is submitted (January 1, 1989). Though the CONSULTANT does not warrant or represent that any governmental approval will be obtained, CONSULTANT warrants that the work for which he is responsible will be . acceptable to the State based on the State's preliminary review to be obtained at or prior to the end of the initial period of grant of funds to the CITY by the State. If the State does not approve those sections of the Comprehensive Plan as prepared by the CONSULTANT under this Agreement, CONSULTANT agrees to revise the work to State's satisfaction at no expense to the CITY. Section 9 - Entire Agreement 9.1. This Agreement, consisting of five (5) pages, represents the entire agreement between the CONSULTANT and the CITY with respect to the Project and may only be modified in writing, signed by both parties. /7- gp-- / � ">_ 0 U �J _5- If acceptable, I will appreciate your executing the enclosed copy in the space provided below and returning it to me in the enclosed stamped envelope at your earliest convenience. IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Agreement the day and year indicated below. As to CONSULTANT PLAN/NET J. W. Anderson, Jr. ICP DATED:,.,7' 1 1988 Copy: Thelma Brown --Porter City Planner As to the CITY _ CITY OF TAMARAC ti Orman Abramowitz, Mayor DATED: 1988 CITY OF TAMARAC APPROVED AT MEETING OF 6, S g E