HomeMy WebLinkAboutR-1998-051 1
j RESOLUTION NO. 51-98
A RESOLUTION OF THE CITY COMMISSION OF DANIA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE LAND PLANNING
CONSULTANT SERVICES FROM EDWARD D. STONE, JR. AND
ASSOCIATES, INC.; LEIGH ROBINSON KERR &ASSOCIATES, INC.; AND
HUGHES HALL, INC. TO ASSIST THE CITY IN UPDATING ITS
COMPREHENSIVE PLAN, FOR AN AMOUNT NOT TO EXCEED SIXTY-
FIVE THOUSAND DOLLARS ($65,000.00), SUCH PURCHASE TO BE
MADE WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN
CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT
OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to a provision in the Charter of the City of Dania (Part III,
Article 3, Section 4, Subsection 0)), the City Manager is authorized to purchase supplies,
services, equipment and materials for city government in amounts in excess of Fifteen
Thousand Dollars ($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
when such purchases are necessary due to the presence of unusual conditions; and
WHEREAS, as a result of the critical needs of the City Commission to update the
City's Comprehensive Plan, unusual conditions are present in the City, which conditions
necessitate the waiver of the requirement for publication of advertisements for bids as is
otherwise required by the City Charter when such unusual circumstances are absent; and
WHEREAS, at the direction of the City Commission, recommendations have been
made by the City's Growth Management Director with respect to the selection of a land
planning consultant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the City Manager is authorized to negotiate and enter into a
contract on behalf of the City for the purchase of land planning services with Edward D.
Stone, Jr. and Associates, Inc.; Leigh Robinson Kerr&Associates, Inc.; and Hughes Hall,
} RESOLUTION NO. 51-98
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Inc. to assist the City in the updating of the City Comprehensive Plan. The amount to be
expended shall not exceed Sixty-Five Thousand Dollars ($65,000.00) unless previously
approved by the City Commission. Such contract shall be reviewed and approved as to
form by the City Attorney.
Section 2. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 14" DAY OF APRIL, 1998.
MAYOR-COMMISSIONER
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A�T:
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CLERK-AUDIT
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APPROVED AS TO FORM
AND CORRECT SS:
CITA, A 0
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G9WPFILESMAIDANIAICOMP PLAN LAND CONSULTANT.RES
04/16/98
RESOLUTION NO. 51-98
E D S A
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April 2, 1998
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Mr. Terry Virta
Director of Planning and Growth Management
100 West Dania Beach Boulevard
Dania, Florida 33004
Dear Mr. Virta:
Based on our recent meeting and my follow-up meeting with Leigh Kerr, it is our
understanding that the City of Dania wishes to engage a land planning consultant
to prepare a Land Use Vision document. The intention of this document is to make
recommendations regarding physical land use relationships for areas both east and
west of 1-95 within the Dania city limits.
The impetus for this study, as you have described it, relates to three underlying
issues. First, in 1990, parcels of land lying to the west of 1-95 were annexed by the
City, however, these lands are still under Broward County land use jurisdiction.
Secondly, 40% to 45% of all existing lands within the City's boundaries are
currently undeveloped, and thirdly, significant pressure exists to redevelop other
underutilized areas of the City. It is our understanding that the results of this study
are to be considered, along with other documents, as part of the Comprehensive
Plan amendments to eventually be adopted by the City.
It is our further understanding that E D S A would collaborate with Leigh Kerr on
planning policy issues and Molly Hughes on traffic planning issues in the
formulation of proposed land use alternatives.
SCOPE OF SERVICES
E D S A will analyze a series of land use issues in order to develop conceptual
land use relationships. Base data to be considered will include, but not be limited
to, the following:
1 . The 1989 Comprehensive Plan document and subsequent 1997 Evaluation and
Appraisal Report, both prepared by Leigh Kerr.
2. Input from City staff two (2) meetings.
I . .. ndcape 4rchilert.
Edward D ~lone.Ir.and \..nciale+ I'lannen tnd La _
Proposal - Mr. Terry Virta
") April 2, 1998
Page 2
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3. Public input as gathered by the currently ongoing FAU Joint Center's "Visioning"
studies— one (1) meeting.
4. Information regarding current and future market trends.
5. Field research — up to three (3) meetings/site visits.
Based on the above, E D S A will generate up to three (3) conceptual land use
study alternatives for each of the areas you requested:
Phase One— Areas west of 1-95
Phase Two— Areas east of 1-95
These alternatives will be graphically delineated on an existing City base map
which is to be provided to E D S A. All concept alternatives will be compiled into
a bound 8-1/2" by 1 V report format with supporting written summary. Multiple
copies will be provided as requested by the City.
For each phase of work, E D S A will attend coordination meetings as outlined
above, and will attend one (1) City Commission meeting to discuss findings.
All computer base information and mapping related to this study will be the
responsibility of Leigh R. Kerr & Associates.
SCHEDULE
It is our understanding that you have tentatively allowed approximately six (6)
months for the Comprehensive Plan update to be compiled, completed, and
submitted. We anticipate that both phases of the above study can be undertaken
during roughly the first one half of that timeframe.
COMPENSATION
We will prepare the above described Land Use Vision Studies for a lump sum fee
as follows:
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Proposal - Mr. Terry Virta
April 2, 1998
Page 3
Phase One $15,000.00
Phase Two 112,000 00
$2 7,000.00
Note: If both phases of study are undertaken simultaneously, the total
combined fee of$27,000.00 can be reduced by $4,000.00 to $23,000.00.
Out-of-pocket expenses will be billed according to the attached General Terms
and Conditions.
We hope that the above approach meets your objectives. If you are in agreement,
please sign one copy of this letter and return for our files. Should another approach
better suit your needs, please advise.
I
I We look forward to working with you.
Sincerely,
Douglas C. Smith, ASLA
Associate Principal
Enclosures: General Terms and Conditions
cc: C. Douglas Coolman
Marketing
APPROVED and ACCEPTED this day of 1998.
By
FAADMI M PROPOSAL\DANIA.DOC
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E D S •
General Terms and Conditions
N
1. The General Terms and Conditions outlined below are part of the attached letter
J agreement and are hereby incorporated by reference.
2. The Owner shall provide E D S A with program information regarding the
requirements and objectives for the Project. Additionally, E D S A shall be entitled
to rely upon the accuracy of any services, information, and survey reports supplied
by the Owner or by others.
3. In addition to professional fees outlined in the attached letter agreement, the Owner
shall pay all out-of-pocket expenses which are defined as actual expenditures made
by E D S A , their employees, or professional consultants in the interest of the
project and include expense of transportation and living when traveling in
connection with the project; long distance calls and telegrams; and expense of
reproductions, postage and handling of drawings and specifications, excluding
those for office use and presentation to the Owner. Out-of-Pocket expenses will be
calculated as actual cost plus a ten percent(10%) administrative fee.
4. All invoices will be invoiced monthly and are payable upon receipt. In the event
payment is not, however, received within thirty (30) days of invoice date, the past
due balance will be subject to an interest penalty of one and one-half percent
(1-1/2%). Invoices which remain outstanding shall be subject to interest at the rate
of one and one-half percent (1 1/2%) per month. In the event payment is not made
within sixty (60) days, E D S A will stop work on the project until payment is
received. Stoppage of work by E D S A will not be deemed as a default under the
terms of this letter agreement. In some cases, an additional fee will be required to
stop and restart work due to non-payment.
5. The Owner agrees that this letter agreement shall be interpreted according to the
laws of the State of Florida, and agrees to reimburse E D S A for reasonable
attorney fees that it may expend in enforcing this letter agreement.
6. Payment of the advance deposit, if required, and signature of the letter agreement
will signify the Owner's acceptance of all the Terms and Conditions stated herein
and the Owner warrants that the necessary funds are available to pay E D S A for
the services and expenses outlined in the letter agreement and that these funds are
not encumbered or contingent upon subsequent approvals, permits or financing
commitments.
Owner's Initials
Hheard D.Shine,Ir. and A+snciales Planner,and Landscape drdiitet is
! nlo nn Ilin,ii-.."It 'mi„
r
E D S A
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April 2, 1998
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Mr. Terry Virta
Director of Planning and Growth Management
100 West Dania Beach Boulevard
Dania, Florida 33004
Dear Mr. Virta:
Based on our recent meeting and my follow-up meeting with Leigh Kerr, it is our
understanding that the City of Dania wishes to engage a land planning consultant
to prepare a Land Use Vision document. The intention of this document is to make
recommendations regarding physical land use relationships for areas both east and
west of 1-95 within the Dania city limits.
The impetus for this study, as you have described it, relates to three underlying
issues. First, in 1990, parcels of land lying to the west of 1-95 were annexed by the
City, however, these lands are still under Broward County land use jurisdiction.
Secondly, 40% to 45% of all existing lands within the City's boundaries are
currently undeveloped, and thirdly, significant pressure exists to redevelop other
underutilized areas of the City. It is our understanding that the results of this study
are to be considered, along with other documents, as part of the Comprehensive
Plan amendments to eventually be adopted by the City.
I
It is our further understanding that E D S A would collaborate with Leigh Kerr on
planning policy issues and Molly Hughes on traffic planning issues in the
formulation of proposed land use alternatives.
SCOPE OF SERVICES
E D S A will analyze a series of land use issues in order to develop conceptual
land use relationships. Base data to be considered will include, but not be limited
to, the following:
1 . The 1989 Comprehensive Plan document and subsequent 1997 Evaluation and
Appraisal Report, both prepared by Leigh Kerr.
2. Input from City staff - two (2) meetings.
Edl%ard n. dune, Jr.and Associates Plannrr,and Lands ape ArrhiIv(t
Proposal - Mr. Terry Virta
April 2, 1996
j Page 2
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j 3. Public input as gathered by the currently ongoing FAU Joint Center's "Visioning"
studies— one (1) meeting.
4. Information regarding current and future market trends.
5. Field research — up to three (3) meetings/ site visits.
Based on the above, E D S A will generate up to three (3) conceptual land use
study alternatives for each of the areas you requested:
Phase One— Areas west of 1-95
Phase Two — Areas east of 1-95
These alternatives will be graphically delineated on an existing City base map
which is to be provided to E D S A. All concept alternatives will be compiled into
a bound 8-1/2" by 11" report format with supporting written summary. Multiple
copies will be provided as requested by the City.
For each phase of work, E D S A will attend coordination meetings as outlined
above, and will attend one (1) City Commission meeting to discuss findings.
All computer base information and mapping related to this study will be the
responsibility of Leigh R. Kerr & Associates.
SCHEDULE
It is our understanding that you have tentatively allowed approximately six (6)
months for the Comprehensive Plan update to be compiled, completed, and
submitted. We anticipate that both phases of the above study can be undertaken
during roughly the first one half of that timeframe.
COMPENSATION
We will prepare the above described Land Use Vision Studies for a lump sum fee
as follows:
I
Proposal - Mr. Terry Virta
April 2, 1998
Page 3
Phase One $15,000.00
Phase Two $12,000.00
$27,000.00
Note: If both phases of study are undertaken simultaneously, the total
combined fee of $27,000.00 can be reduced by $4,000.00 to $23,000.00.
Out-of-pocket expenses will be billed according to the attached General Terms
and Conditions.
We hope that the above approach meets your objectives. If you are in agreement,
please sign one copy of this letter and return for our files. Should another approach
better suit your needs, please advise.
We look forward to working with you.
Sincerely,
�77Z C 'J4
Douglas C. Smith, ASLA
Associate Principal
Enclosures: General Terms and Conditions
cc: C. Douglas Coolman
Marketing
APPROVED and ACCEPTED this day of 1998.
By
FAADMIMPROPOSALLDANIA.DOC
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_.� E ® S A
General Terms and Conditions
1. The General Terms and Conditions outlined below are part of the attached letter
agreement and are hereby incorporated by reference.
2. The Owner shall provide E D S A with program information regarding the
requirements and objectives for the Project. Additionally, E D S A shall be entitled
to rely upon the accuracy of any services, information, and survey reports supplied
by the Owner or by others.
r
3. In addition to professional fees outlined in the attached letter agreement, the Owner
shall pay all out-of-pocket expenses which are defined as actual expenditures made
by E D S A, their employees, or professional consultants in the interest of the
project and include expense of transportation and living when traveling in
connection with the project; long distance calls and telegrams; and expense of
reproductions, postage and handling of drawings and specifications, excluding
those for office use and presentation to the Owner. Out-of-Pocket expenses will be
calculated as actual cost plus a ten percent (10%) administrative fee.
4. All invoices will be invoiced monthly and are payable upon receipt. In the event
payment is not, however, received within thirty (30) days of invoice date, the past
due balance will be subject to an interest penalty of one and one-half percent
(1-1/2%). Invoices which remain outstanding shall be subject to interest at the rate
of one and one-half percent (1 1/2% per month. In the event payment is not made
within sixty (60) days, E D S A will stop work on the project until payment is
received. Stoppage of work by E D S A will not be deemed as a default under the
terms of this letter agreement. In some cases, an additional fee will be required to
stop and restart work due to non-payment.
5. The Owner agrees that this letter agreement shall be interpreted according to the
laws of the State of Florida, and agrees to reimburse E D S A for reasonable
attorney fees that it may expend in enforcing this letter agreement.
6. Payment of the advance deposit, if required, and signature of the letter agreement
will signify the Owner's acceptance of all the Terms and Conditions stated herein
and the Owner warrants that the necessary funds are available to pay E D S A for
the services and expenses outlined in the letter agreement and that these funds are
not encumbered or contingent upon subsequent approvals, permits or financing
commitments.
Owner's Initials
Edward 1).Slone.Jr.and Assucialev Planners and Landscape \rchilects
Wgh ° abhwa Kerr
-� & Associates, Inc.
Member.American Institute
of Certified Planners
PROPOSAL
FOR
PROFESSIONAL PLANNING SERVICES
April 2, 1998
Terry Virta
Growth Management Director
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 333
Dear Terry:
Leigh Robinson Kerr and Associates, Inc. is pleased to present this proposal for
Professional Planning Services related to the update of the City of Dania's Comprehensive
Plan. This update will incorporate the requirements of the adopted Evaluation and
Appraisal (EAR) which incorporated recommendations for the update of the City's
Comprehensive Plan. The following will provide a more defined scope of services as it
relates to this project.
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SCOPE OF SERVICES:
This scope of services relates to the update of the Comprehensive Plan plus the
development of EAR based amendments which is required by State law. This scope of
services will outline the various project tasks which must be undertaken to develop the
updated Comprehensive Plan for the City.
L ANNEXED LAND
A. Develop Comprehensive Plan maps to include the annexed are which will
include the following:
1. Future Land Use
2. Existing Land Use
• Planning • Zoning • Land Use • Expert Testimony
808 East Las Olas Boulevard, Suite 104, Fort Lauderdale, Florida 33301
Phone: (954) 467-6308 Fax: (954) 467-6309
Leigh Robinson Kerr and Associates, Inc.
April 2, 1993
Page 2 of 4
3. Parks and Recreation
4. Traffic(with input by the traffic engineers)
a) Circulation
b) Functional Classification
c) Existing Traffic
5. Wetlands/Estuaries
6. Generalized soils
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7. Historical
We will utilize the CADD map the City has developed for the City of
i Dania.
B. Develop the data/analysis section in concert with City staff for the annexed
land. This will include the compilation of data from Broward County as it
relates to the census information within the annexed area. The required land
use and housing tables will be developed from this information for
incorporation into the updated plan.
C. Coordinate with EDSA their land use analysis which will assess the physical
land use relationships within the City. Input recommendations of that study
into the Comprehensive Plan amendment process where applicable.
Id. CERTIFICATION REQUIREMENTS
Prepare the certification requirements of the Broward County Planning Council
during the update of the Comprehensive Plan. This relates to required revisions to
the goals, objectives and policies of the City's plan as required by Broward County
in order to have the City's plan fully certified by that agency.
III. GOALS, OBJECTIVES AND POLICIES
Based upon the EAR report, update the goals, objectives and policies as
appropriate for the future growth and development of the community. These
amendments will also relate to the needed changes required by the Florida State
Plan; the Regional Plan; 9J-5; and Chapter 163, Florida Statutes. Many of these
requirements were identified in the EAR for the City.
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Leigh Robinson Kerr and Associates, Inc.
April2, 1998
Page 3 of 4
IV. UPDATE DATA/ANALYSIS
Update the data/analysis section of the existing Comprehensive Plan in order to be
consistent with the data/analysis prepared for the annexed land. This would
include an update of the population projections as well as the capacities of the
services within the community including water, sewer, parks and recreation, solid
waste, conservation and coastal resources.
V. URBAN INFILL
Develop the plan amendments required to incorporate the Transportation
Concurrency Exception Area (TCEA) which positively effects all of the City of
Dania. The City will develop an urban in-fill TCEA amendment consistent with
the Broward County amendment for incorporation into the City's plan. The
essence of the amendment is to encourage in-fill development and enhance the
mass transit system as a means of meeting the concurrency requirements within
this area.
VI. PUBLIC PARTICIPATION
1 Coordinate public participation efforts with the Planning and Zoning Board, City
Commission, and City staff as appropriate and necessary.
VII. TIMING
We will conduct this update of the Comprehensive Plan including workshops with
the Planning and Zoning Board within the next six(6) months for transmittal to the
Florida Department of Community Affairs and Broward County for review prior to
adoption by the City Commission. Some of the amendments to the
Comprehensive Plan may also be amendments to the Broward County Land Use
Plan. In that case, the Comprehensive Plan affected in that regard would be
reviewed by Broward County during their twice annual cycle of review for
Comprehensive Plan amendments.
PROFESSIONAL FEES
We propose to provide these services for a fee of$25,000.00. Reimbursable expenses
such as printing of the documents for review will be billed at direct cost.
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Leigh Robinson Kerr and Associates, Inc.
April 2, 1998
Page 4 of 4
We look forward to working with the City of Dania in the update of the Comprehensive
Plan. We are prepared to begin work upon receipt of a signed copy of this proposal or
other authorization by the City of Dania.
Since ly
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Leigh R. Kerr, AICP
President
LRK/ker
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Approved: Date:
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5O.27/PROPOSALCP•SCOPE
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HUGHES HALL INC.
April 2, 1998
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Terry Virta, AICP
Growth Management Director
City of Dania
100 W. Dania Beach Blvd.
Dania, FL 33004
RE: Comprehensive Plan Transportation Element
HHI Project No. 98011.00
Dear Terry:
Attached is our proposed scope of services to develop the Transportation Element for the City
of Dania's Comprehensive Plan Update. It is designed to meet the requirements of Rule Chapter 9J-5,
F.A.C., Minimum Criteria For Review Of Local Government Comprehensive Plans and
Determinations of Compliance.
Because it is more efficient and therefore less costly, we have assumed that the work will be
performed after Broward County has transmitted its proposed Transportation Element to DCA, and
preferably after DCA has approved that Element. This assumption presumes that the City of Dania
will enter in to the contemplated "163 Agreement" between DCA and other Broward cities to delay
the deadline for transmittal of their Transportation Elements to DCA.
The attached scope can be completed for a fee of $12',000 exclusive of data collection. We
believe that all or most of the traffic data can be collected from secondary sources at no additional cost.
However, should it become necessary to obtain original traffic counts, the cost of the required services
would increase by that amount.
T R A N S P 0 R T A T 1 0 N E N G I N E E R S & P L A N N E R S
4701 N. Federal Hightvav ■ Suite 350. B-3 a Lighthouse Point. FL 33064-6550 ■ 954/946-c)095 a Fax 954/946-0096
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j CITY OF DANIA
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COMPREHENSIVE PLAN TRANSPORTATION ELEMENT
SCOPE OF SERVICES
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Task 1. Preparation of Transportation Element
A. Update all date reported as "existing" in the current Traffic Element
B. Update all analysis provided in the current Traffic Element
C. Provide new analyses as specified in the City's 1996 Evaluation&Appraisal Report
1. Analyze traffic circulation levels of service&system needs based on accident
frequency data that may be available for the City
2. Analyze the need for new facilities or expansions as required by Rule 9J-
5.007 (2)(a)
3. Analyze projected levels of service and system needs based on the Future
and Use Map and address the need for the facilities or expansions required
by Rule 9J-5.007(2)(b)
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D. Based on the required analyses, assist in the preparation of and recommend
revised Goals, Objectives, and Policies where warranted
Task 2. Representation
A. Present the draft Transportation Element to City staff and officials, the public, and
DCA, as needed
B. Provide input regarding the development of other Comprehensive Plan Elements
to City staff and consultants preparing other Elements of the Plan Update
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AGREEMENT
THIS IS AN AGREEMENT (the "Agreement') entered into on June 30
1998, between: THE CITY OF DANIA, FLORIDA, a municipal corporation, (the "City") and
LEIGH ROBINSON KERR&ASSOCIATES, INC., a Florida corporation(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 City
acknowledges and agrees that services commenced on May 18, 1998. That date is the
effective date and commencement date of the services. Pursuant to Resolution No. 51-98,
adopted April 14, 1998,the City Commission of City authorized its officials to enter into this
Agreement. The time schedule appearing in the May 6, 1998 memorandum prepared by
Terry L. Virta, Growth Management Director of the City, is attached, marked as Exhibit"B"
and its terms and scheduling obligations are incorporated into this Agreement by this
reference.
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 prior to any such subcontractor or any
subconsultants proceeding with any such work.
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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 Twenty-five thousand and
00/1 ocbollars ($ 25,o00_on) (the "Fee"). The Fee includes full payment, including all
labor, overhead; other costs, consultant fees and profit. City agrees to reimburse
Consultant for out-of-pocket costs without any administrative charges or surcharges for
same. All such costs, when and if it is reasonable to anticipate them, must first be
disclosed to, and approved in advance by, the City. Documentation as to expenditures for
such costs must be submitted to City in sufficient detail to clearly evidence each such item
and its cost. No travel and meal costs are reimbursable unless incurred outside of Miami-
Dade, Broward and Palm Beach Counties, approved in writing in advance by the City and
payable at the State of Florida reimbursement rates for state employees.
B. Any necessary additional work, as determined by City, which is not
covered by the scope of work 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
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parties. The parties agree, however, that the amounts payable for such additional work,
if authorized by City, are those as prescribed in Exhibit "C".
C. Consultant shall submit its invoices in the format and with supporting
documentation as may be required by City.
D. City shall pay Consultant monthly for services rendered within thirty
(30) calendar days from date of receipt of each of Consultant's invoices by the City
Manager. If any errors or omissions are discovered in any invoice, City will inform
Consultant within seven (7) business days of receipt of the document(s) 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.
E. Any invoice which is nottimely paid as prescribed above will be subject
to the accrual of interest at the statutory rate prescribed by applicable Florida law.
4. Indemnification of City.
A. Consultant agrees to indemnify and hold harmless the City for all
costs, losses and expenses including, but not limited to, damages to persons or property
including, but not limited to, judgments and reasonable attorneys' fees arising out of the
negligent acts, errors or omissions or the willful misconduct of the Consultant, its agents,
servants or employees in the performance of services under this Agreement. This
indemnification does not extend to acts of third parties who or which are wholly unrelated
to Consultant. The covenants and representations relating to this indemnification provision
shall survive the term of this Agreement and continue in full force and effect as to
j Consultant's responsibility to indemnify the City.
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 below.
l 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 Two
Hundred Fifty Thousand Dollars ($250,000.00) to assure the City of
coverage of the indemnification specified in this Agreement.
: � Page 2 of 8
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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 Two Hundred Fifty Thousand Dollars ($250,000.00)
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. If Consultant hires a subcontractor for any portion of any work, then
such subcontractor shall provide professional liability insurance with
a minimum limit of liability of Two Hundred Fifty Thousand Dollars
I ($250,000.00). If a subcontractor cannot obtain "professional liability"
coverage, then, at a minimum, the subcontractor must provide
general liability insurance subject to the foregoing insurance coverage
limit.
E. 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 Leigh R. Kerr, 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 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 contingent upon the City receiving timely services
from other consultants (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
Page 3 of 8
Consultants is delayed, such delay will not entitle the Consultant to any additional
l 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 impact fees
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.
j 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 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.
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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 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 rendered from the
effective date of execution of the Agreement up to the termination date. Such
compensation shall be based on the fee 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
Page 4 of 8
�.� 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.
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, upon payment being made to
Consultant as provided in this Agreement,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 Project or on any other 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 forwhom 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: Michael W. Smith, City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
Brinkley, McNerney, Morgan, et al.
200 East Las Olas Blvd., Suite 1800
Fort Lauderdale, Florida 33301
Consultant: Leigh Robinson Kerr&Associates, Inc.
Attention: Leigh R. Kerr, AICP
808 EastLlas Olas Boulevard, Suite 104
Fort Lauderdale, Florida 33301
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,orthe federal District Court
Page 5 of 8
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in the Southern District of the United States. Each party further agrees that venue of 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
i 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
I by law.
17. All PriorAgreements 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 in this document. Accordingly, it is agreed that no
deviation from the terms of this Agreement shall be 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
Page 6 of 8
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i 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 as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any
1 elected or appointed officer of the City of Dania, 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 use its best efforts to endeavor to comply with all applicable
federal, state and City laws applicable to the Consultant services and specifically those
covering Equal Opportunity Employment, the Americans With Disabilities Act('ADA") and
the South Florida Building Code. The Consultant is expected to fully comply with all
applicable provisions of such 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 Exhibit "A", the parties agree that the provisions of this Agreement are
controlling (including, but not limited to, all terms and provisions governing compensation).
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the
day and year fist above written.
CITY:
CITY OF DANIA,
a Florida municipal corporation
ATT�St:
MARIA JA8ALEE JIM CALI
CITY CLERK-AUDITOR MAYOR-COMMISSIONER
Page 7 of 8
MIC L H, CITY MANAGER
APPROVED FOR FORM AP ROVED AS TO "SCOPE OF
AND CORRECTNES S VICES"
BY: T' By:
HO AS J. ANSBRO tEAFiY1/ViRT-kZROWTH
CITY ATTORNEY MANAG4MENT DIRECTOR
CONSULTANT:
Signed, sealed and delivered LEIGH BINSON KERR &
in the presence of: ASSO TES, INC.,
a Flor' corporate n
. (2,
By:
Witness Leig err, President
Wi ess
1
STATE OF FL.ORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on T , 1998,
by Leigh R. Kerr, President of Leigh Robinso ssociates, Inc., a Florida
corporation, on behalf of the corporation. He i rsonall know o me or has produced
as Ide tification and did (did not) take an oath.
Print, Type or Stamp Commissioned I
Name of Notary Public and
Expiration Date: NOTARY PUBLIC, State of Florida
4 dpr iui Karen E.Qober'n", f'
+° NotaryPublic,! 'i I >�
i$ „�o'6 Commission No. .U..1,5 i6'ES
.o " My Commission EaP /221211v, i
t RRAGMT G:\WPFILES%TJAXDANtMCOMP PLAN-TANG PLNG CONSULTANTS-KE
'" I.k9}3•NDiA9Y F1s A'vury Sm•ce&OoMingCo. 06115/96/9
�1NU11UU)1U�»U1S,1N1U)1111111)1Ul)))Ul%14
" Page 8 of 8
May 11 98 10: 43a Louann Cunningham (9541 9222687 p. 4
05-OB-199B 12:12PM FROP' KERR It ASSOCIATES. INC. TO DANIA P.03
EXHIBIT A
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SCOPE OF SERVICES
L PHASE I(MORATORIUM AREA)AND PHASE H STUDY AREAS
A. Provide technical /historical input to EDSA for their land use analysis which
will assess the physical land use relationships within 'the City. Input
reconunendations of that study into the Comprehensive Plan amendment
process where applicable.
B. Meetings
1. Meeting with consultants and City staff
2. Meeting with consultants
3. Meetings(2)with consultants and City Commission
4. Meeting(I)with consultants and Planning and Zoning
5. Meetings'(2)with consdtants and City Commission
II. ANNEXED LAND
A. Develop Comprehensive Plan reaps to include the annexed area which will
include the following:
1. Future Land Use
2. Existing Land Use
3. Parks and Recreation
4. Traffic (with input by the traffic engineers and will be completed with the
transportation element)
a) Circulation
b) Functional Classification
c) Existing Traffic
5. 'Wetlands/Estuaries
6. Generalized soils
7. Historical
We will lillize the CADD map the City has developed for the City of
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Dania
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EXHIBIT "A"
4
May 11 99 10: 44a Louann Cunningham 19541 9222607 P• 5
05-08-1999 12:12PM FROM KERR It ASSOCIATES. INC. TO DRNIA P.04
^� B. Develop the data/analyais section with City staff for the annexed land.
a The compilation of data from Broward County as it relates to the census
information within the annexed area.
• Land use and housing tables
+ C. Coordinate with EDSA their land use analysis which will assess the physical
land use relationships within the City. Input recommendations of that study
into the Comprehensive Plan amendment process where applicable.
III. CERTMCATION REQUIREMENTS
Prepare the certification requirements
ep oq emenit of the Broward County Planning Council
during the update of the Comprehensive Plan including
• Required revisions to the goals, objectives and policies of the City's plan as
required by Broward County.
•. Flex tables with the City statt's input.
IV. GOALS,OBJECTIVES AND POLICIES
• Based upon the EAR report,update the goals, objectives and policies.
• Amendments required by the Florida State Plan; the Regional Plan; 9J-5; and
Chapter 163,.Florida Statutes.
V. UPDATE DATA/ANALYSIS
Update the data/analysis section of the existing Comprehensive Plan in order to be
consistent with the data/analysis prepared for the annexed land.
• Update of the population projections.
• Update capacities of the services within the community including water;sewer,
parks and recreation, solid waste, conservation and coastal resources.
j
May 11 98 10: 44a Louann Cunningham
(954) 9222687 P• 6
i 85-88-199e 12:12PM FRCP' KERR & ASSOCIATES. INC. TO DANIA P•05
I
VI. URBAN INFILL
a Develop the plan amendments required to incorporate the Transportation
Concurrency Exception Area (TCEA). The TCEA amendment will be
consistent with the Broward County amendment.
a Develop inflll amendments which promote mixed use and redevelopment.
VII. PUBLIC PARTICIPATION
A. Meetings/Workshops with Planning and Zoning Board(3)
B. Meeting with'City Commission
1. Transmittal Hearing
2. Adoption Hearing
I 1
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I.
i MISCIS0.27/M18IT A-SCOPE OF SERVICES
I
i
�'yl TOTAL P.@S
May 07 98 12: 29p Lauann Cunningham t9541 9222687 p. l
Past-IN Fax Note 7671 Data �•— I a
T* From
MC°'D@m
EMOI CO.
��-:_..::-: ' Phanaa Phaa.a quo.
Fax i 2.S S
Faaa J Z7g
TO: Michael W. Smith, City Manager
I
FROM: Terry L. Arta, AICP
Growth Management Dire
RE: Comprehensive Plan Update
Date: May 6, 1998
I
This is to update you as to the time schedule that was roughed out as a product
of our meeting yesterday with the consultant team. The consultants are at this time
refining their respective scope of services to be incorporated with their contracts for
services. The schedule that was agreed to is as follows:
1.May 18th at 1:00 PM is a kickoff brainstorming session at EDSA Offices;
2.Mar26'h at Noon the Consultants will meet together at EDSA Offices;
3.June 6th will be a City Commission-Workshop on areas west of 1-95;
lam`
4.June 16'h will be a City Commission Workshop on areas east of 1-95;
5.July 15'h the Planning and Zoning Board will be presented with the work to
date;
6.July 28'h the City Commission will be presented with the recommendations for
the areas west of 1-95;
7.August 11d' the City Commission will be presented with the recommendations
for the areas east of 1-95;
8.August ?9th the Planning and Zoning Board will be presented with the overall
work accomplished to date an the Comprehensive Plan;
9.September 16d' the Planning and Zoning Board will be asked to make a formal
recommendation on the Plan to the City Commission; and,
10. September 220d the City Commission will be requested to adopt a resolution
i transmitting the Plan to the Department of Community Affairs.
EOIBZT "B"
May 07 96 1G: t`Jp Louann Cunningham (954) 3222687 p. 2
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i
The Department of Community Affairs review process will take a good six
' months. In the near future a request will have to be made to the City Commission to
allow a letter to be sent to DCA asking for an extension of six months in our
comprehensive plan update schedule. It has been the practice of DCA to grant these
requests with little or no question.
If you have any questions regarding this information please let me know and I will
attempt to provide you with any necessary additional details.
Copies to: Tom Ansbro
Molly Hughes
Leigh Kart
Doug Smah
Lou Ann Cunningham
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EXHIBIT C
PROFESSIONAL RATES:
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$100.00-Principal
$70.00 -Associate
$40.00-TechnicaUDrafting
Reimbursables at direct cost.
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