HomeMy WebLinkAboutR-2002-055 RESOLUTION NO. 2002-055
• A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE CONSULTANT
SERVICES FROM THE ILER PLANNING GROUP, INCORPORATED
RELATING TO THE PREPARATION OF A "REDEVELOPMENT PLAN
AND ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT
AGENCY (CRA)" FOR THE CITY OF DANIA BEACH; AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH ILER PLANNING
GROUP FOR PROFESSIONAL SERVICES NOT TO EXCEED ONE
HUNDRED EIGHTY-TWO THOUSAND DOLLARS ($182,000.00);
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That certain Agreement for Professional Services with Iler Planning Group,
Incorporated (IPG) to prepare a "Redevelopment Plan and Establish a Community
Redevelopment Agency ("CRK)" for the City of Dania Beach in an amount not to exceed One
Hundred Eighty-Two Thousand Dollars ($182,000.00), in substantial form as Exhibit "A",
attached, is approved and the appropriate city officials are authorized to execute it. The City
Manager and City Attorney are authorized to make minor revisions to the attached documents as
are deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions in conflict herewith be repealed to the extent of such
conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 14' OF MAY 2002.
RO ERT H. CHUNN, JR.
MAYOR — COMMISSIONER
RESOLUTION NO. 2002-055
AT EST' ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE JO N ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
TH MAS J. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2002-055
AGREEMENT FOR PROFESSIONAL SERVICES
•
d
THIS AGREEMENT is made this day of May 2002, by and between HBI
PLANNING SERVICES, INC., a Florida corporation doing business as ILER PLANNING
GROUP, (hereinafter the "Consultant"), and the CITY OF DANIA BEACH, FLORIDA
(hereinafter the "City").
WHEREAS, the Consultant has been selected to prepare a "Redevelopment Plan and
Establish a Community Redevelopment Agency (CRA)" for the City of Dania Beach by the City
Commission at its April 23, 2002, meeting following an open public bid process consistent with
State law; and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a
scope of services, schedule and fee for preparation of the "Community Redevelopment Plan and
Establishment of a CRA" (hereinafter the "Project"); and
WHEREAS, the City desires to engage the Consultant to perform the services specified
in the approved Scope of Services under the terms of this agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter provided, the Consultant and the City agree as follows.
1. Professional Services. The Consultant shall furnish services to the City in the
performance of the Scope of Services contained in Exhibit "A." In all analyses, the Consultant
will incorporate methodologies .commonly accepted by Community Redevelopment Agency
consultants industry-wide in the State of Florida. Consultant acknowledges and agrees that
Consultant shall be fully responsible to the City for all negligent acts, errors or omissions in its
performance under this Agreement, and Consultant shall be directly liable to City for such
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negligent acts, errors or omissions. Consultant shall be responsible for all damages, losses,
claims, liabilities, and expenses, direct, indirect or consequential arising out of or alleged to have
arisen out of or in consequence of such acts, errors or omissions.
2. Period of Service. The Consultant shall begin work promptly after receipt of a
fully executed copy of this Agreement from the City and complete the Project within the
completion timeframes provided in Exhibit "A." City and Consultant agree that the estimated
completion timeframes in Exhibit "A" are susceptible to unavoidable and unexpected delays due
to such events as local review and meetings, and County review process. Thus, through mutual
agreement on an as needed basis, these timeframes may be modified in writing by the parties.
The Consultant's receipt of a fully executed copy of this Agreement shall constitute written
notice to proceed with the Project. With respect to the specified schedule, performance shall be
timely under this Agreement. However, the completion timeframes shall be extended for periods
of delay resulting from strikes, natural disasters, and similar circumstances over which the
Consultant has no control, if the City approves such extensions in writing.
3. Compensation. For the completion of the Scope of Services described in
Exhibit "A." the Consultant will be paid total monetary compensation by the City of ONE
HUNDRED EIGHTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS AND 00/100
(S 182,500.00). The compensation shall be invoiced by the Consultant on a progress basis and
paid by the City until the Project is complete, consistent with the work tasks as presented in
Exhibit "A."
4. Subcontractors. The Consultant plans to utilize the following subcontractors in
the completion of the Project: Keith and Associates, Inc., and Edward D. Stone, Jr., and
Associates. Consultant acknowledges and agrees that it bears the ultimate responsibility for all
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work product of the Project regardless of whether it or any portion of it is prepared by Consultant
or one of the subcontractors. The Consultant shall be fully responsible to the City for all errors
and omissions of the subcontractors.
5. Invoices. Invoices will be submitted by the Consultant to the City on a monthly
basis. Payment of each such invoice shall be sent to the Consultant within fifteen (15) working
days of receipt of the invoice by the City.
6. Conflict of Interest. To avoid any conflicts of interest, or any appearance thereof,
Consultant, for the term of this Agreement, agrees that it will not represent any private sector
entities (developers, corporations, real estate investors, etc.), with regard to community
redevelopment planning issues in Dania Beach, Florida.
7. Termination. This Agreement may be terminated prior to final Project
completion by either party upon sixty (60) days' written notice. In the event of termination by
the City, the Consultant will be paid as hereinafter provided, for all authorized services rendered
to the date of such termination. The amount payable to the Consultant in the event of termination
will be a prorata amount determined on the basis of the amount and value of the work performed,
prior to the Consultant's receipt of notice of termination, for the applicable work tasks described
in Exhibit "A."
8. Insurance. The Consultant, including each of its subcontractors, will hold in full
force during the term of the Agreement all types and amounts of insurance required under the
laws of the State of Florida applicable to the services specified in this Agreement. Specifically,
the Consultant shall maintain the following minimum insurance coverage FIVE HUNDRED
THOUSAND DOLLARS AND 00/100 ($500,000.00) in automobile liability (personal); ONE
MILLION DOLLARS AND 00/100 ($1,000,000.00) in general commercial liability (firm); and
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ONE MILLION DOLLARS AND 00/100 ($1,000,000.00) in professional liability (firm). The
• City shall be named as an "additional insured" under these policies where appropriate.
Certificates of coverage as required by this section shall be delivered to the City within fifteen
(15) days of execution of this Agreement.
9. Indemnification.
(a) Each party shall be responsible for its own acts and will be responsible for
all damages, costs, fees and expenses which arise out of the performance of this Agreement and
which are due to that party's own negligence, tortious acts and other unlawful conduct and the
negligence, tortious acts and other unlawful conduct of its respective agents, officers and
employees.
(b) It is specifically understood and agreed that the consideration inuring to
the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
(c) The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth above.
10. Nondiscrimination. The Consultant pledges that it does not, and will not during
the term of this Agreement, 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 nondiscrimination. Any violation of such provisions shall
constitute a material breach of this Agreement.
11. Expenses of Litigation. In the event litigation in any way related to the Services
performed hereunder is initiated against one party to this Agreement by the other, the prevailing
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party shall be reimbursed by the other party its reasonable attorneys' fees and court costs and all
expenses (including taxes) even if not taxable as court costs (including without limitation all
such fees, costs and expenses incident to appeals) incurred in that action or proceeding in
addition to any other relief to which such party or parties may be entitled.
12. Controlling Law. This Agreement is to be governed by the laws of the State of
Florida, and venue shall rest solely in Broward County, Florida.
13. Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to,
the respective parties hereto, their legal representatives, executors, administrators, successors and
assigns.
14. Amendments and Modification. No amendments or modifications of this
Agreement shall be valid unless in writing and signed by each of the parties to the Agreement.
15. Merger; Amendment. This Agreement constitutes the entire agreement between
the Consultant and the City, and all negotiations and oral understandings between the parties are
merged herein. This Agreement may be supplemented or amended only by a written document
executed by both the Consultant and the City.
16. Access and Audits. Consultant shall maintain adequate records to justify all
charges, expenses and costs incurred in performing the work outlined in this Agreement for at
least two (2) years after completion of this Agreement.
17. 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:
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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
Weiss Serota Helfrnan Pastoriza & Guedes
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
Consultant: Henry B. Iler, President/Principal
Iler Planning Group
11211 Prosperity Farms Road
Suite 205B
Palm Beach Gardens, Florida 33410
18. Nonassip_nability. Neither party shall assign any rights or delegate any duties
arising under this Agreement without prior written consent of the other party.
p p Y
19. Severability. Any provision in this Agreement that is prohibited or unenforceable
under Florida or federal law shall be ineffective to the extent of such prohibitions or
unenforceability, without invalidating the remaining provisions hereof Also, the
non-enforcement of any provision by either party to this Agreement shall not constitute a waiver
of that provision nor shall it affect the enforceability of that provision or the remainder of this
Agreement.
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IN WITNESS WHEREOF, the Consultant and the City have caused this instrument to
be signed by their respective duly authorized officials, all on the day and year first above written.
Attest: HBI PLANNING SERVICES, INC.,
DBA, ILER PLANNING GROUP
By: ,
Henry B. Iler resident/Principal
Attest: CITY OF DANIA BEACH
By: i
0,
Robe H. Chu ` ., Mayor
By:
Charlene Johnson _C ty Clerk Zlv ato;City Manager
Approved as to Legal Sufficiency:
Thomas Ansbro, City Attorney
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Exhibit A
Scope of Services
Phase I: Project Kick-Off, Research and Data Collection
Task I-1: Kick-off Meetings and Project Coordination
Following the notice to proceed, the consultant will meet with City staff to obtain any
updated and new information that may exist relative to the CRA area, identify
stakeholders to be interviewed in Phase II and establish coordination mechanisms for
interaction between City staff and the IPG Team. The consultant will also meet with
County staff during this task to outline the project goals and methodologies, and
solicit initial ideas and input. The City should establish the CRA Executive Board
early in this phase and the consultant will conduct quarterly (minimum) meetings
and/or hearings with the Board.
Task I-2: Existing Conditions and Needs Update
The consultant will use the Finding of Necessity Report prepared previously as the
starting point for this task. A field survey of the CRA area will be conducted and any
significant changes since the completion of the Report in May 2001 will be identified.
City staff will be consulted with regard to recent development permitting and overall
interest from the development community, and land use/zoning problems in the Area.
The consultant will assess the road system and related redevelopment area needs with
respect to transit, bicycle and pedestrian facilities. Other current infrastructure needs
such as water, sewer and drainage, as well as, park, open space and beautification
needs in the CRA Area will be identified.
Task I-3: Market and Socio-Economic Analysis
Utilizing the most recent data available for the area, city and region, the IPG Team
will perform an in-depth analysis of market and Socio-economic conditions within the
region and CRA itself to determine any areawide economic trends that may impact
future redevelopment and identify market constraints within the CRA Area.
Task I-4: Existing Conditions and Needs Assessment Technical Memorandum
The consultant will organize and comprehensively assess the existing conditions and
needs information gathered in prior phases into a technical memorandum, which will
be submitted to staff for review and comment, and presented to the CRA Executive
Board.
Phase I Deliverable: Existing Conditions and Needs Assessment Tech. Memo.
8
Completion Timeframe: 3 months from NTP (notice-to-proceed).
Phase II: Visioning and Community Redevelopment Plan
Task II-1: Identification of Opportunities and Constraints/Stakeholder Interviews
Using the information gathered in the Finding of Necessity for Redevelopment and
Phase I of this project, the consultant will prepare a preliminary list and graphic
presentation of redevelopment opportunities and constraints. This list will be used to
engage community stakeholders (residents, political leaders, business and property
owners in the area and representatives from non-profit agencies) in a discussion of the
CRA area. Up to 10 stakeholders, selected in coordination with the City Manager, will
be interviewed individually.
Task II-2: Community Visioning Workshops
Two (2) public workshops will be held in the CRA Area. One workshop will be held on a
weekend and the other during a weekday evening to give maximum opportunity for stakeholders
to attend. The workshops will be designed to provide participants with key information
regarding the project and CRA Area in an interesting and concise manner. The workshops will
be facilitated to solicit community ideas with regard to future vision and improvements for the
Area
Task II-3: Draft Community Redevelopment Plan
Following the workshop task, the consultant will prepare the draft Redevelopment Plan for the
CRA Area. The Plan will contain the following components:
1.) Background information on existing conditions and findings;
2) Future vision of the Area and redevelopment goals and objectives;
3.) Land use, zoning and urban design recommendations (including but not limited to height
and parking);
4.) Housing needs and neighborhood impact;
5.) Capital improvement projects addressing water, sewer, parks, streetscapes, open space,
roads, drainage, public safety, community services, historic and cultural resources,
environment and conservation, transit, bikeways, pedestrian linkages, community
identification and way-finding, with estimated costs (order-of-magnitude) where possible.
6.) Tax increment and other applicable revenue projections over 10-year period, and
implementation phasing plan.
7.) Potential public/private partnerships for short-range private redevelopment projects.
9
8.) Illustrated plan for community redevelopment area.
9.) All other elements needed to fully comply with the Community Redevelopment Act of
1969 (Part III of Chapter 163, Florida Statutes).
Task II-4: CRA Executive Board and Staff Review
4 Following submittal of the draft redevelopment plan, the IPG Team will meet with
City staff to review comments or suggestions regarding the plan. The draft Plan will
also be presented to the CRA Executive Board in a workshop session. The consultant
will also present the draft Plan to County CRA staff for comments.
Task II-5: Final Community Redevelopment Plan
The IPG Team will make the necessary revisions and submit a Final Redevelopment
Plan to the City for consideration, and eventual approval, by the CRA Executive Board
and City Commission at separate hearings. City staff will prepare the necessary
approval resolutions or ordinances.
Phase II Deliverables: Draft and Final Redevelopment Plan
CRA Approval Ordinance/Resolution (City Attorney)
Completion Timeframe: 6 months from NTP.
Phase III: Broward County Review and CRA Establishment
Task III-1: Submit CRA Plan and Coordinate County Review
Once the City submits the approved Dania Beach Redevelopment Plan, the consultant
team will coordinate the review by the County's Office of Economic Development.
The IPG Team will meet with County staff and respond fully to comments.
Task III-2: Broward County Commission Consideration
Representatives of the IPG Team will attend County staff committee meetings and
Broward County Commission meetings at which the City's Redevelopment Plan is
under consideration. Consultant will keep the City fully informed with regular status
reports during this process. Any Interlocal Agreement developed by the County will
be reviewed with City staff and necessary revisions forwarded to the County.
Task III-3: CRA Establishment
Following approval of the Redevelopment Plan by Broward County, the City will draft
the required CRA ordinances to establish the Trust Fund and fully constitute the
Dania Beach CRA. It is assumed that the City Attorney will provide the necessary
legal services.
10
Phase III Deliverables: County/City Interlocal Agreement (County)
CRA Ordinances/Resolutions (City Attorney)
Completion Timeframe: 10 months from NTP. Every effort will be made by the
Consultant to complete this phase by 12-31-02.
a
Phase IV: Continued Assistance with Planning & Implementation
Once the CRA is established, the IPG Team will continue to provide implementation
assistance to the CRA, on a case-by-case basis. The cost for these additional services
are over and above the project fixed fee, and will be negotiated on a time and
materials basis as tasks arise.
Task IV-1- Specific Redevelopment Planning and Projects
The specific details of this task are not known at this point but depend upon the
public projects identified in the Redevelopment .Plan and the City's need for
additional assistance in implementing the plan. Examples of such services provided to
previous clients include:
Assistance in preparing grant applications;
Preparation of planning studies, infrastructure analysis land development
regulations specifically for the CRA;
Review of proposed developments for compliance with CRA standards;
Project management for public improvements within CRA area; and
Planning, design and engineering for CRA projects.
City Project Responsibilities
During project kick-off, the City will provide copies to Consultant of all available plans,
engineering studies and any other documents, which may be useful as background information
and analysis in preparing the CRA Plan. City staff will expeditiously review and comment on all
Project deliverables as they are submitted. In addition, the City is responsible for all
extraordinary document reproduction (>10 copies), securing of public meeting space as needed,
meeting recordation, provision of adequate public notice of meetings, workshops and hearings,
and transmittal of all required review packages to Broward County. The City Attorney is
expected to prepare all required resolutions and ordinances for this project.
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CITY OF DANIA BEACH
MEMORANDUM
TO: Ivan Pato
cc: Larry Leeds, Growth Management Director
Charlene Johnson, City Clerk
Mr. Henry Iler
FROM: Tom Ansbro, City Attorney
DATE: May 17, 2002
RE: CRA Plan Preparation Agreement with the Iler Group; Draft Agreement of May
2, 2002
Attached is a "marked-up" draft of the Agreement, a copy of which I received from
you at the pre-Commission staff meeting held in your office on May 13, 2002. It contains
suggested revisions and additions. In addition, other provisions recommended for inclusion,
which appear in the standard "Consultant" contract I prepared for the City some time ago, are
also attached. Presumably, it will be more expeditious to have Mr. Iler's assistant revise and
incorporate the changes with the draft contract he submitted to you (marked as "5-2-02 draft").
I have spoken to Henry and he suggested that the comments be forwarded to him by fax and
"e-mail".
TJA:slw
Attachments
• 1) Add to paragraph 1, page 1: "In all analyses, the Consultant will incorporate
p g p P g Y P
methodologies commonly accepted by Community Redevelopment Agency consultants
industry-wide in the state of Florida."
2) Also, add to paragraph 1, page 1: "Consultant acknowledges and agrees that
Consultant shall be fully responsible to the City for all negligent acts, errors or omissions in
its performance under this Agreement, and Consultant shall be directly liable to City for such
negligent acts, errors or omissions. Consultant shall be responsible for all damages, losses,
claims, liabilities, and expenses, direct, indirect or consequential arising out of or alleged to
have arisen out of or in consequence of such acts, errors or omissions."
3) Add to paragraph 4, page 2: "Consultant acknowledges and agrees that it bears
the ultimate responsibility for all work product of the Project regardless of whether it or any
portion of it is prepared by Consultant or one of the subcontractors. The Consultant shall be
fully responsible to the City for all errors and omissions of the subcontractors."
4) Add after paragraph 8, page 3:
"Indemnification
(a) Each party shall be responsible for its own acts and will be responsible
for all damages, costs, fees and expenses which arise out of the performance of this Agreement
and which are due to that party's own negligence, tortious acts and other unlawful conduct and
the negligence, tortious acts and other unlawful conduct of its respective agents, officers and
employees.
(b) It is specifically understood and agreed that the consideration inuring to
the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
(c) The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth above."
2
5 Add after 17 page 5: "18. Notices. Except provided above
paragraph , p as P g
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:
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
Weiss Serota Helfman Pastoriza & Guedes
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
Consultant: Iler Planning Group, Inc.
3
® Dania Beach's Community Redevelopment Agency (CRA)
5-7-02
Key Points
• Dania's proposed CRA encompasses a 506-acre downtown area primarily along Federal
Highway and Dania Beach Boulevard (see attached map). The area is 345 acres when
roads and canals are lessed-out.
• Dania's proposed CRA is comprised of commercial (40%), residential (26%),
undeveloped (19%), public/institutional (10%), industrial (4%), and park land (1%).
• First phase of CRA establishment approved by the Broward County Commission in
March.
• City is now entering second and final phase: preparation of a Community Redevelopment
Master Plan for the area and approval by County.
• There are three benefits with CRAB:
1) Increases eligibility for federal and state grants, and
2) Creates a master planning approach and implements strategy for the area, and
3) Permits the use of"tax increment financing" for the CRA area.
• The concept of"tax increment financing" or TIF works as follows:
1) When CRA is fully established, the year of establishment becomes the base year
for TIF purposes.
2) As the tax base grows in the CRA Area in succeeding years with successful
redevelopment,the difference (or increment) in tax base and resulting ad valorem
revenues between the current year and base year will be returned to Dania Beach
to be used to improve the aesthetics, infrastructure and other aspects of the CRA
Area.
• CRAs enable cities to generate and capture future property tax revenues which would
normally go to Broward County for use elsewhere, and utilize those funds for local
improvements and business development projects in the CRA Area.
• CRAs do not produce an increase in property tax rates, unless these rates are increased
City or County wide.
• It is estimated that with only moderate redevelopment success, Dania's CRA could
generate $600,000 - $800,000 in property tax revenues from the County for use by the
CRA locally.
i
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I ,
` FLORIDClw
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DATE; May 13, 2002
TO: MAYOR AND CITY COMMISSIONERS
FROM: Ivan Pato
City Manager A�'
SUBJECT: C.R.A. MASTER PLAN PROPOSAL
At tomorrow night's commission meeting we will be asking you to approve the proposal submitted
by The Her Planning Group for the preparation of the proposed C.R.A. Master Plan including the
Broward County review and approval process.
For your information, I am attaching copy of a letter previously submitted to Jason Nunamaker on
May 2, 2001 which outlined costs for the preparation of the master plan. As you can see,the
proposal was in the amount of$175.000.
For comparison purposes the Deerfield Beach CRA (165 acres vs. Dania Beach's 500 acres)two
years ago had a total cost of$160K. excluding the County approval process. Pompano Beach's
CRA, completed earlier this year had a total cost of$220.000 (125 acres vs. Dania Beach's 500
acres) also excluded the County approval process.
As you can see from the attached proposal, The Her Group is quoting $182.000 to do the CRA.
The details of the services to be provided are outlined in the attached "Scope of Services" exhibit
"A". For this fee, we will get the complete package, from the development of the master plan to
and including the approval at the County level. This quote is not much higher than the original
$175 K presented to the previous City Manager.
Accordingly, staff recommends approval and awarding of the contract for services to the Her
Planning Group.
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
N.t,r,.�MP-17-2002 FR I 05:23 PM WE I SS SEROTA HELFMAN FAX NO, 954 764 7770 P. 01
WEISS SEROTA HELIFMAN �.
PASTORIZA & GUEDES, P.A.
3107 Stirling Rd, Suite 300
Fort Lauderdale, FL 33312
Telephone (954) 763-4242
Telecopier (954) 764-7770
CONFIDENTIAL
To: Ivan Pato Fax: 954-921-2604
cc: Larry Lee d 954-922-2687
Charlene Johnson 954-921-2604
from: Tom Ansbro
Comments: Attached is the "marked-up" agreement referred to in my memo e-mailed to
you today.
The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the
individual or entity named above. if the reader of this nusssage is not the intended recipient, you are hereby notified that
any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this
communication in error, please notify us iinmediately by telephone collect and return the original message to us at the
above address via the U. S. postal Service. We will reimburse you for postage. Thank you.
FILE NO.: 566.001
DATE: May 17, 2002
NUMBER OF PAGES INCLUDING COVER SHEET: 10
PI,FAfiF, NOTIFY IT,'9 IMMEDIATELY IF NOT RECEIVED PROPERLY
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AGREE�iMENT FOR PROFESSIONAL SERVICES �
DRAFT
T141S AGREEMENT is made this day of LYIay 2002, b and between II_ER
PLANNING GROUP (hereinafter the "Consultant ), and the CITY OF DANIA BFACIH,
FLORIDA (hereinafter the "City")_
WHEREAS, the Consultant has been selected to prepare a "Redevelopment Plan and
Establish a Community Redevelopment Agency (CRA)" for the City of Dania Beach by the City
Commission at its April 23, 2002, meeting following an open public bid process consistent with
State law; and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a
scope of services, schedule and fee for preparation of the "Community Redevelopment Plan and
Estabiislunent of a CR.A" (hereinafter the "Project"); and
® WHEREAS, the City desires to engage the Consultant to perform the services specified
in the approved Scope of Services under the terms of this agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter provided, the Consultant and the City agree as follows_
1. Professional Services. The Consultant shall furnish services to the City in the
performance of the Scope of Services contained in Exhibit "A."
?. Period of Service. The Consultant shall begin work promptly after receipt of a
fully executed copy of this Agreement from the City and complete the Project within the
completion timeframes provided in Exhibit "A." City and Consultant agree that the estimated
completion timeframes in Exhibit "A" are susceptible to unavoidable and unexpected delays due
to such events as local review and meetings, and County review process. Thus, through mutual
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agreement on an as needed basis, these timeframes may be modified/_y the parries. The
Consultant's receipt of a fully executed copy of this Agreement shall constitute written notice to
proceed with the Project. With respect to the specified schedule, performance shall be timely
under this Agreement. However, the completion timeframes shall be extended for periods of
y delay resulting from strikes, natural disasters, and similar circumstances over which the
Consultant has no control, if the City approves such extension
3. Compensation. For the completion of the Scope of Services described in
Exhibit "A," the Consultant will be paid total monetary compensation by the City of ONE
HUNDRED EIGHTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS AND 00/100
(S I S?,500.00). The compensation shall be invoiced by the Consultant on a progress basis and
paid by the City until the Project is complete, consistent with the work tasks as presented in
Exhibit "A."
4. Subcontractors. The Consultant plans to utilize the following subcontractors in
the completion of the Project. Keith and Associates, Inc., and Edward D. Stone, Jr., and
Associates.
5. .Invoices. Invoices will be submitted by the Consultant to the City on a monthly
basis. PayTnent of each such invoice shall be sent to the Consultant within fifteen (15) working
days of receipt of the invoice by the City.
6. Conflict of Interest. To avoid any convicts of interest, or any appearance thereof,
Consultant, for the term of this Agreement, agrees that it will not represent any private sector
entities (developers, corporations, real estate investors, etc.), with regard to community
redevelopment planning issues in Dania Beach, Florida_
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7. Termination. This Agreement may be terminated prior to final Project
completion by either party upon sixty (60) days' written notice. In the event of termination by
the City, the Consultant will be paid as hereinafter provided, for all authorized services rendered
to the date of such termination. The amount payable to the Consultant in the event of termination
will be a prorata amount determined on the basis of the amount and value of the work performed,
prior to the Consultant's receipt of notice of termination, for the applicable work tasks desctzbed
in Exhibit "A."
8. Insurance. The Consultant will hold in fiill force during the term of the
Agreement all types and amounts of insurance required under the laws of the State of Florida
applicable to the services specified in this Abreernent. Specifically, the Consultant shall maintain
the following minimum insurance coverage FIVE HUNDRED THOUSAND DOLLARS AND
00/100 (S500,000.00) in automobile liability (personal); ONE MILLION DOLLARS AND
00/100 (S 1,000,000.00) in general commercial liability (firm); and ONE MILLION DOLLARS
AND 00/100 (S1,000,000.00) in professional liability (firm). The City shaII be named as an
"additional insured" under these policies where appropriate. Certificates of coverage as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement-
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9. Nondiscrimination. The Consultant pledges that does not, and will not during
the term of this Agreement, discriminate against any of, s/mplovees or applicants for
employment because of their race, color, religion, sex, or national origin, and to abide by all
Federal and State laws regarding nondiscrimination. Any violation of such provisions shall
constitute a material breach of this Agreement.
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10. Expenses of Litigation. In the event litigation in any way related to the Services
performed hereunder is initiated against one party to this ,A;.reement t the other, the
prevailing party shall be reimbursed by the other party its reasonable attorneys' fees and court
costs and all expenses (including taxes) even if not taxable as court costs (including without
w limitation all. such fees, costs and expenses incident to appeals) incurred in that action or
proceeding in addition to any other relief to which such party or parties may be entitled.
11. Controlling Law. This Agreement is to be governed by the laws of the State of
Florida, and venue shall rest solely in Broward County, Florida.
12. Binding Effect. This ,agreement shall bind, and the henefits thereof shall inure to,
the respective parties hereto, their legal representatives, executors, administrators, successors and
assigns.
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13. Amendments and Modification. No amendments�1M odiFications of this
_agreement shall be valid unless in writing and signed by each of the parties to the Agreement.
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1�3. 'leroer: amendment. This agreement constitutes the entire agreement between
the Consultant and the City, and all negotiations and oral understandings between the parties are
U�Z
merged herein. This Agreement may be supplemented amended only by a written
i
document executed by both the Consultant and the City.
1�. access and audits. Consultant shall maintain adequate records to justify all
charges, expense; and costs incurred in perforrning the work outlined in this Agreement for at
least nvo (?) years after completion of this Agreement.
15. Nonassi nabilinv. Neither party shall assign any rights or delegate any duties
arising z:nder this agreement without prior written consent of the other party.
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17. Severahility. Any provision in this Agreement that is prohibited or unenforceable
under Florida or federal law shall be ineffective to the extent of such prohibitions or
unenforceability, without invalidating the remaining provisions hereof. Also, the
non-enforcement of any provision by either party to this Agreement shall not constitute a waiver
w of that provision nor shall it affect the enforceability of that provision or the remainder of this
Acyreetnent.
IN WITNESS WHEREOF, the Consultant and the City have caused this instrument to
be signed by their respective duly authorize 11 on the day and year first above written. t
Attest: ILER PLANNTNG GROUP
Jr
By:
Henry B. Iler, President
•
Attest: CITY OF DANIA BEACH
By:
City Clerk Ivan Pato, City Manager
Approved as to Legal Sufficiency:
City Attorney
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Exhibit A
Scope of Services
Phase I: P.-o'ect Kick-Off Research and Data Collection
Task I-1: Kick-off Meetings and Project Coordination
Following the notice to proceed, the consultant will meet with City staff to obtain any
updated and new information that may exist relative to the CRA area, identify 0
stakeholders to be interviewed in Phase II and establish coordination mechanisms for
interaction between City staff and the 1PG Team. The consultant will also meet with
County staff during this task to outline the project goals and methodologies, and solicit
initial ideas and input. The City should establish the CRA Executive Board early in this
phase and the consultant will conduct quarterly (minimum) meetings and hearings
with the Board.
Task I-?: Existing Conditions and Needs Update
1,�lt1
The consultant will use the Finding of Necessity Report prepared reviously as the
starting point for this task. A field survey of the CRA area will be c nducted and any C)
significant changes since the completion of the Report in May 200 . City staff will be
consulted with regard to recent development permitting and overall interest from the
development community, and Iand use/zoning problems in the Area. The consultant will
assess the road system and related redevelopment area needs with respect to transit,
bicycle and pedestrian facilities. Other current infrastructure needs such as water, sewer
and drainage, as well as, park, open space and beautification needs in the CRA Area will
be identified.
Task I-3: Market and Socio-Economic Analysis
Utilizing the most recent data available for the area, city and region, the IPG Team will
perform an in-depth analysis of market and socio-economic conditions within the region
and CPA itself to determine any areawide economic trends that may impact future
redevelopment and identify market constraints within the CPA Area.
Task I-4: Existing Conditions and Needs Assessment Technical Memorandum
The consultant will organize and comprehensively assess the e:cisting conditions and
needs information gathered in prior phases into a technical memorandum, which will be
submitted to staff for review and comment, and presented to the CPA Executive Board.
Phase I Deliverable: Existing Conditions and Needs Assessment Tech. Memo_
• Completion Timeframe: 3 months from NTP (notice-to-proceed).
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Phase II: Visioning and Communily RedeveIo ment PIan
Task H-I: Identification of Opportunities and Constraints/Stakeholder Interviews
Using the information gathered in the Finding of Necessity for Redevelopment and Phase
I of this project, the consultant will prepare a preliminary list and graphic presentation of
redevelopment opportunities and constraints. This list will be used to engage community kr vPOGL)
stakeholders (residents, political leaders, business and property owners in the area
representatives from non-profit agencies) in a discussion of the CRA area. Up t 10 j
stakeholders will be interviewed individually. ( V') Mo S'o f c <'
Task 11'?: Community Visioning workshoP s f S� 0 w�� C fl 1���� �f
Two (2) public workshops will be held in the CRA Area_ One workshop will be held on a
weekend and the other during a weekday evening to give maximum opportunity for stakeholders
to attend. The workshops will be designed to provide participants with key information
regarding the project and CRA Area in an interesting and concise manner_ The workshops will
be facilitated to solicit community ideas with regard to future vision and improvements for the
Area
Task II-a: Draft Community Redevelopment Plan
Following the workshop task, the consultant will prepare the draft Redevelopment Plan for the
CRA Area. The Plan will contain the following components.
® 1.) Background infonmation on existing conditions and findings;
2) Future vision of the area and redevelopment goals and objectives;
;A-' 3.) Land use, zoning and urban design recommendations; �p ���; _ �'/�l�L-/MG
4.) Housing needs and neighborhood impact;
5.) Capital improvement projects addressing water, sewer, parks, streetscapes, open space,
roads, drainage, public safety, community services, historic and cultural resources,
environment and conservation, transit, bikeways, pedestrian linkages, community
identification and way-finding, with estimated costs (order-of-magnitude) where possible.
6.) Tax increment and other applicable revenue projections over 10-year period, and
implementation phasing plan.
1',ti r 7. Potential public/private rivate partnerships for short-range private redevelopment projects.
� ) P p p P g P P p 1
8.) Illustrated plan for community redevelopment area.
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Task II-4: CRA Executive Board and Staff Review
Following submittal of the draft redevelopment plan, the IPG Team will meet with City
staff to review comments or suggestions regarding the plan. The draft Plan will also be
presented to the CRA Executive Board in a workshop session. The consultant will also
present the draft Plan to County CRA staff for comments.
Task II-S: Final Community Redevelopment Plan
The IPG Team will make the necessary revisions and submit a Final Redevelopment Plan
to the City for consideration, and eventual approval, by the CPA Executive Board and
City Commission at separate hearings. City staff will prepare the necessary approval
resolutions or ordinances.
Phase II Deliverables: Draft and Final Redevelopment Plan
CRA Approval Ordinance/Resolution (Ci , A torney)
Completion Timeframe: 7 months from NTP.
Phase III: Broward County Revietiv and CRA Establishment
Task III-1: Submit CRA Plan and Coordinate County Review
Once the City submits the approved Dania Beach Redevelopment Plan, the consultant
team will coordinate the review by the CounWs Office of Economic Development. The
IPG Team will met with County staff and respond fully to comments.
Task II1-2: Broward County Commission Consideration
Representatives of the IPG Team will attend County staff committee meetings and
Broward County Commission meetings at which the City's Redevelopment Plan is under
consideration. Consultant will keep the City fully informed with regular status reports
during this process. Any Interlocal Agreement developed by the County will be reviewed
with City staff and necessary revisions forwarded to the County.
Task III,)': CRA Establishmew
Following approval of the Redevelopment Plan by Broward County, the City will draft
the required CRA ordinances to establish the Trust Fund and fully constitute the Dania
Beach CRA. It is assumed that the City Attorney will provide the necessary legal services.
Phase III Deliverables: County/City Interlocal Agreement (County)
CRA Ordinances/Resolutions City Attorney) i
Completion Timeframe: I2 lonths from NTP (estimated).
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a
Phase IV: Continued Assistance with Planning & Implementation
Once the CR
A is established, the IPG Team will continue to provide implementation
assistance to the CRA, on a case-by-case basis. The cost for these additional services are
over and above the project fixed fee, and will be negotiated on a time and materials basis
as tasks arise.
Task IV--1: Specific Redevelopment Planning and Projects
The specific details of this task are not known at this point but depend upon the public
projects identified in the Redevelopment Plan and the City's need for additional
assistance in implementing the plan. Examples of such services provided to previous
clients include:
* Assistance in preparing grant applications;
* Preparation of planning studies, infrastructure analysis land development
regulations specifically for the CRA;
* Review of proposed developments for compliance with CRA standards;
* Project management for public improvements within CRA area; an*
* Planning, design and engineering for CRA projects.
City Project Responsibilities
During project kick-off, the City will provide copies to Consultant of all available plans,
engineering studies and any other documents, which may be useful as background information
and analysis in preparing the CR,k Plan. City staff will expeditiously review and comment on all
Project deliverables as they are submitted. In addition, the City is responsible for all
extraordinary document reproduction (>14 copies), securing of public meeting space as needed,
meeting recordation, provision of adequate public notice of meetings, workshops and hearings,
and transmittal of all required review packages to Broward County. The City Attorney is +
expected to prepare all required resolutions and ordinances for this project.
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