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HomeMy WebLinkAboutR-2006-054 Iler Planning Group RESOLUTION NO. 2006-054 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HBI PLANNING SERVICES, INC., D/B/A ILER PLANNING GROUP, FOR THE PROVISION OF DRAFTING CERTAIN ZONING AND DESIGN REGULATIONS TO BE APPLICABLE TO CERTAIN LANDS LOCATED WITHIN THE DANIA BEACH CRA BOUNDARIES AND RELATED CONSULTANT SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $117,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of$15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are, as prescribed in pertinent part in the Charter, needed due to unusual conditions or emergencies; and • WHEREAS, the City Manager has determined that certain consulting services needed by the City can be obtained at the least cost by executing an agreement with HBI Planning Services, Inc., d/b/a Iler Planning Group, 11211 Prosperity Farms Road, Suite 205B, Palm Beach Gardens, Florida 33410, such services to be provided in connection with the drafting of zoning and design regulations to be applicable to certain lands located within the Dania Beach CRA boundaries and for related consultant support services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission finds that due to the presence of unusual conditions, it is necessary to authorize the City Manager to purchase consulting services from HBI Planning Services, Inc., d/b/a Iler Planning Group, 11211 Prosperity Farms Road, Suite 205B, Palm Beach Gardens, Florida 33410, in an amount not to exceed $117,000.00 pursuant to an agreement to be executed between the City and the consultant, which services shall include drafting, zoning and design regulations to be applicable to certain lands located within the Dania Beach CRA boundaries and for related consultant support services. An appropriation from the contingency fund account to pay for the services is authorized; provided, however that if any other appropriate funding sources are identified by the Finance Director they are authorized to be used. Section 2. The City Manager and City Attorney are authorized to make minor revisions to such agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on March 14, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST:, ROLL CALL: �l l COMMISSIONER BERTINO- ABSENT 11(J COMMISSIONER CASTRO - YES LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR ANTON- YES MAYOR FLURY —YES APPROVED AS TO FO D CORRECTNESS: BY: f�n ' n' THOMAS J. AN BRO CITY ATTORNEY 2 RESOLUTION #2006-054 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on Ii1/� C't� % ,2006, between: the City of Dania Beach, Florida, a municipal corporation, (the "City") and the HBI Planning Services, Inc., a Florida corporation d/b/a The Iler Planning Group (the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "A", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on ry;,gU and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties,however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. • 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum amount of One Hundred Seventeen Thousand Dollars($117,000.00)(the"Fee"). The Fee includes full payment, including all labor,overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties,and approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "A", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be.required by City. D. City shall pay Consultant upon completion of the various components of the work within thirty(30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. i E. Any invoice which is not timely paid as prescribed above will be subjectto the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City.. A. Consultant shall indemnify and hold harmless City, its officers, employees and agents (collectively, the "City"), from liabilities, damages, losses, and costs, including,but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida law applicable to indemnification. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. . The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum l imits of liability of One Million Dollars ($1,000,000.00). Page 2 of 8 F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Mr. Henry Iler, one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual,the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not,for any reason or no reason at all, satisfied with such substitute,Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may,at its discretion,terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including,but not limited to, costs of acceleration, inefficiency or extended overhead,arising because of any other delay,disruption, interruption,interference or hindrance from any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits Page 3 of 8 conducted under this section shall observe generally accepted auditing standards and established • procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30)days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services accepted by the City and rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be entitled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants)pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other . reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present,the parties designate the • following as the respective persons and places for giving of notice: Page 4 of 8 i City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: HBI Planning Services, Inc. d/b/a The Iler Planning Group Attention: Henry Iler Harbour Point Plaza 11000 Prosperity Farms Road Suite 206 Palm Beach Gardens, FL 33410 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. . 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys'Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained iri this Page 5 of 8 document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be Is predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be • paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them, alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Page 6 of 8 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: 24 LOUISE STILSON, CMC PATRICIA/FLURY CITY CLERK MAYOR PA , Y MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J/ANSBRO LAURENCE L. LEEDS CITY ATTORNEY COMMUNITY DEVELOPMENT DIRECTOR • Page 7 of 8 CONSULTANT: Signed, sealed and delivered HBI Planning Services, Inc. a Florida corporation in the presence of: d/b/a The Iler Planning Group By: Wi ? i. Witness Print Name Title STATE OF FLORIDA �--� COUNTY OF The foregoing. instrument was acknowledged before me on ? 2006, by and �y1� -� )��� r; as (,0 r��; =; and � ,r-� � c,t,� ,respectively, of HBI Planning Services, Inc., a Florida corporation d/b/a The Iler lanning Group, on behalf of the corporation. They are personally known to me or have produced -L ]:�t L.� �'� as identification and did (did not) take an oath. 41 NOTARY PUBLIC, State forida �r My commission expires: C_S%E OF FLOP No Y P v lerie B. Snyder Commission#. 26 2009 Tres: OCT 26, Ben 4e� tlflnuc Bonding��•.ln�• Page 8 of 8 Dania Beach CRA Zoning Code Scope of Services Revised 2-27-06 Purpose Prepare draft zoning and design regulations (districts) applicable to CRA lands designated for Commercial and Local Activity Center (LAC) land use on the Future Land Use Map (FLUM). The project also includes consultant support in the actual rezoning of said lands to the appropriate CRA zoning districts created as part of this project. Task 1. Proiect Kick-off: Consultant will meet with City staff to discuss the project goals, milestones, and coordination. Background documents and other materials will be obtained and a field trip conducted. Task 1 Cost: $2,790 Task 2. Visioning Workshop #1: Consultant will conduct a community visioning workshop to obtain public input. Task 2 Cost: $7,300 Task 3. Draft Zoning and Design Reiulations. Consultant will prepare the CRA zoning districts and design standards. Up to 3 new CRA zoning districts will be created. One (1) set of urban design standards covering the new zoning districts will be developed. Following internal team, the draft will be submitted to City staff and the City Attorney for review. A meeting will be held to review the draft and record staff comments. Staff has represented that no Comprehensive Plan amendments will be necessary to implement the proposed CRA zoning districts. Completion timeframe: 6 months.from notice-to-proceed. Task 3 Cost: $51,850 Task 4. Visioning Workshop #2: Consultant will conduct a second community workshop to present the proposed regulations and obtain public input. Task 4 Cost: $7,300 Task 5. P&Z and Citv Commission Presentations. Revisions will be made to the first draft. The revised draft will be presented to the P&Z Board (l meeting) and City Commission(1 meeting). Task 5 Cost: $10,090 Task 6. Final Ordinance Approval. Revisions will be made based on prior comments and a hearing draft of the regulations produced suitable for inclusion in an ordinance format The City Attorney will prepare the zoning ordinance. The proposed zoning ordinance will be presented to the P&Z Board (l meeting) and City Commission (2 meetings). Completion timeframe: 9 months from notice-to-proceed. Task 6 Cost: $18,170 1 121 1 Prosperity Farms Road, Suite 205B ❑ Palm Beach Gardens, FL 33410 v: 561.826.7067 ❑ f: 561.626.5292❑ e-m: henry@ipgplan.com Dania Beach CRA Zoning Code Page 2 of 3 Estimated CRA Code Cost (Tasks 1-6): $97,500 Task 7: Parcel Rezonings. Consultant will assist the City in researching the subject parcels and preparing the staff reports necessary for the P&Z Board and City Commission to consider the rezoning of the CRA properties currently with Commercial and LAC land use. Two meetings with staff and one meeting with interested property owners and/or their representatives are included in the fee for this task. The City Attorney will prepare the zoning ordinance(s). Consultant will also attend, and participate in, 1 P&Z Board meeting and 2 City Commission meetings for the purpose of adopting the proposed zoning ordinance(s). No zoning map revisions will be made by the consultant. Completion Timeframe: 12 months from notice-to-proceed. Estimated CRA Rezoning Cost (Task 7): $19,500 Consulting Team The proposed consultant team for this project is Iler Planning Group (IPG) as the prime consultant and EDSA as the urban design subconsultant. Reproduction Consultant will provide 3 copies of each work product plus a downloadable version to burn CD's. City is responsible for additional copies. • Public Notice City is responsible for all public notice requirements associated with the all public meetings/hearings including the workshops. The consultant will review public notices upon request by City Staff. Additional Services Cost for additional services will be determined based upon the scope of the service. Additional services might include: 1. Additional Community Workshops. 2. Additional meetings with residents or elected officials. 3. Additional copies of deliverables. 4. Zoning ordinances for other areas of the City. 5. Comprehensive Plan Amendments. 6. Community Redevelopment Area Plan revision and coordination with Broward Count. 7. Community Redevelopment Area Plan implementation and strategy plans. 8. Marketing studies. 9. Infrastructure planning studies. 10. Community appearance standards. • 1 121 1 Prosperity Farms Road, Suite 205B ❑ Palm Beach Gardens, FL 33410 v: 561.626.7067 ❑ f: 561.626.5292❑ e-m: henry@ipgplan.com Dania Beach CRA Zoning Code Page 3 of 3 • ILER PLANNING GROUP (02-24-06) Firm Labor and Overhead Rates Principal/Project Manager $184/hr. Principal Planner $115/hr. Senior Planner $100/hr. Graphics Tech. $78/hr. Clerical/Adm. $58/hr. * Beginning on January 1, 2007, the hourly rates reported above may be increased by up to five percent (5%) per year. 1 121 1 Prosperity Farms Road, Suite 205E ❑ Palm Beach Gardens, FL 33410 v: 561.626.7067 ❑ f: 561.626.5292 0 e-m: henry@ipgplan.com F m s 'tea }' Z Cot&/ Wa FLORIDA March 22, 2006 Henry Iler HBI Planning Services, Inc. d/b/a The Iler Planning Group 11211 Prosperity Farms Road Suite 205B Palm Beach Gardens, FL 33410 RE: AGREEMENT BETWEEN HBI PLANNING SERVICES INC. AND THE CITY OF DANIA BEACH Dear Mr. Iler: • On March 14, 2006, the Dania Beach City Commission adopted Resolution No. 2006-054 (copy attached), authorizing the execution of a consulting services agreement which shall include drafting zoning and design regulations applicable to certain lands located within the Dania Beach CRA boundaries. We enclose two originals of the agreement for execution by your company. Upon execution, please return them to our office. Once these documents are signed by our City officials, we will send you an original for your records. If you have any questions regarding this agreement, please contact our City Attorney, Thomas J. Ansbro, at 954-924-3635. Sincerely, Miriam Nasser Deputy City Clerk Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us