HomeMy WebLinkAboutCity of Tamarac Resolution R-88-1631
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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 IN THE AMOUNT OF FORTY-FIVE ($45.00)
DOLLARS PER HOUR AND NOT TO EXCEED A TOTAL AMOUNT
OF FOUR THOUSAND FIVE HUNDRED ($4,500.00) DOLLARS
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 a Contract between the City of Tamarac and Plan/
Net in the amount of Forty -Five ($45.00) Dollars per hour and
not to exceed Four Thousand Five Hundred ($4,500.00) Dollars to
develop an updated Utility Element, Conservation Element, Resi-
dent and Seasonal Population estimates and projections, and
Future Land Use, Capital Improvements for the City of Tamarac
Comprehensive Plan in compliance with Rule 9J-5, Florida Depart-
ment of Community Affairs and the Local Government Comprehensive
Planning Act, attached hereto and made a part hereof as Exhibit
"A".
SECTION 2: That the appropriate City Officials are hereby
authorized to execute said Contract.
SECTION 3: This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this 2> day of 1988.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
_Rl�''I
RICHARD DOODY
CITY ATTORNEY
I�j RMAN ABRAMOWITZ +
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZU
DISTRICT 1: C/M ROHR
DISTRICT 2: V/M STELZER
DISTRICT 3: C','M F-I�N -
PLAN / NET
859 N. Pine Island Road • Suite 244 Plantation, FL 33322 (305) 584-7129
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 Planner, 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 PROJECT DESCRIPTION
To assist the staff of the Department of Community
Development in the preparation of Elements and other required
work, as directed, in conjunction with The Local Government
Comprehensive Planning and Land Development Regulation Act of
1985, Chap. 163 FS. as amended, and its implementing guidelines,
Chap. 9J--5 FAC, under the Terms and Conditions of the Contract
between -the Department of Community Affairs, State of Florida
(DCA), and the City of Tamarac, dated February 17, 1988.
II. SCOPE OF SERVICES
The CONSULTANT will do and perform the following services:
Task 1:
CONSULTANT will assist staff in revisions of the Data
and Analysis as required by the Department of
Community Affairs for the following:
A. The Sanitary Sewer, Solid Waste, Potable Water,
Drainage and Natural Groundwater Aquifer Recharge
Element.
B. The Conservation Element.
Task 2:
Revise and update Resident and Seasonal Population
Estimates and Projections.
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Task 3:
Prepare Goals, Objectives and Policies for the
following:
A. The Conservation Element.
B. The Intergovernmental Coordination Element.
'r - L A .
Assist staff in data collection, analysis and mapping,
where required, for the Future Land Use Element.
Assist staff in the analysis of data for the Capital
Improvements Element.
.,O-r-.5. 0M
•
Assist staff in the preparation of Goals, Objectives
and Policies for the following:
A. The Sanitary Sewer. Solid Waste, Potable Water, •
Drainage and Natural Groundwater Aquifer Recharge
Element
B. The Capital Improvements Element.
In furtherance of the above tasks the CONSULTANT will also
be available upon request as a resource for the normal workshops
and required public hearings before the Planning and Zoning
Board and the City Council of the City of Tamarac.
111. AGREEMENT PROVISIONS
Section 1 - Time of Performance
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.
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Section 2 - Contract Administration --
CcmPensation__and Method of Payment
2.1. The above described tasks of the Scope of Services
will be compensated at the rate of $45 per hour, not to
exceed a total of $4,500.
2.2. CONSULTANT will bill the city on a semi-monthly basis
for the hours spent on the tasks included in the Scope of
Work.
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)
clays 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.
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 provide CONSULTANT with all prior
reports and data as required for the performance of his
work as described in the Scope of Services in a timely
• manner.
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Section 5 -Termination
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 perons bound by this Agreement are the CONSULTANT
and the CITY and their respective partners, successors,
executors, administrators, assigns and other 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
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.
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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.
If the above is 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
Ji
J. Anderson, Jr. ICP
DATED: /, 1988
• Copy: Thelma Brown -Porter
As to the CITY
CITY OF TAMARAC
orman Abramowitz, Mayor
DATED: , 1988
CITY OF TAMARAC
APPROVED AT {MEETING OF % / S (S g
P— oc>s--- / L�
1859 N. Pine Island Road • Suite 244 0 Plantation, FL 33322
April 14, 1988
Thelma Brown -Porter
City Planner
City of Tamarac
5811 N.W. 88 Ave.
Tamarac, Florida 33321
Re: Revised Contracts for Professional Services
Dear Thelma:
PLAN / NET
• (305) 584-7129
As requested, I have enclosed originals of two contracts
covering the work included in the first contract dated September
1, 1987 and submitted to the City which was apparently never
approved by Council. The contracts also include additional work
recently requested. Much of the work included in the first
contract has been completed. A substantial portion of it has
been compensated however there remain billings dated February 19
and February 25 totaling $2,317.50 which have not been paid. I
will very much appreciate the city's check for this amount. And,
I will be glad to sit with you and Mike to determine which work
items have been completed and compensated to clarify both your
records and mine.
I trust the enclosed contracts will straighten out the
problems with the first. Please let me know if there are any
further problems or questions. I look forward to hearing from
You.
Si.nc ely,
J. W. Anderson, J . A.I.C.P
for PLAN/NET
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