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HomeMy WebLinkAboutReso 2000-200 RESOLUTION NO. 2000- 200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, BASED ON RESOLUTION NO 2000-198, APPROVING A CONTRACT, ATTACHED HERETO AS EXHIBIT "A", BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE FIRM OF LUFT CONSULTING, INC., CERTIFIED PLANNERS, TO PREPARE THE COMPREHENSIVE DEVELOPMENT PLAN, WAIVING ALL BIDDING REQUIREMENTS OF ORDINANCE NO. 97-10; AUTHORIZING THE CITY MANAGER TO EXECUTE AND EFFECTUATE SMD CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 10, 2000, by Resolution No. 2000-198, the City Commission directed the City Manager, on an emergency basis, to retain the firm of Luft Consulting, Inc., Certified Planners, to prepare the Comprehensive Plan for the City of Sunny Isles Beach, and waiving all bidding requirements of Ordinance No. 97-10; and WHEREAS, City staff has fast-track the negotiation ofthis contract which is attached hereto as Exhibit "A" for the City's approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Contract. The contract by Luft Consulting, Inc. for preparation of the Comprehensive Plan, attached hereto as Exhibit "A", be, and the same, is hereby approved. 2. City Manager Authorized to Execute. The City Manager is hereby authorized to execute the contract and to take whatever action is required to effectuate the proposed terms and conditions contained in said Exhibit "A". 3. Effective Date. This Resolution is effective upon pass PASSED AND ADOPTED this 24th day of Febru ATTEST: 7~~~ Richard Brown-MoriUa, City Clerk Approval of Comp Plan Consultants - Luft Res Ch 2/17/00 11 :22 AM . APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 5'_0 Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky Approval of Comp Plan Consultants - Luft Res Ch 2/17/00 11:22 AM t./(Yes) -----v (Yes) V (Yes) ~AY es) _(Yes) Moved by: ~\~\~ \<~ Seconded by: \J.iU- ~~ ~ _(No) _(No) _(No) _(No) _(No) 2 CONSULTING AGREEMENT THIS Consulting Agreement (hereinafter referred to as the "Agreement") is made in duplicate, this 24th day of February, 2000, by and between the City of Sunny Isles Beach, Florida, (hereinafter referred to as the "City"), and Luft Consulting, Inc., a Florida corporation (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, Luft Consulting, Inc., (the "Consultant") IS primarily 10 the business of providing planning services; and WHEREAS, the Consultant has represented it has substantial experience in preparation of Comprehensive Development Plans; and WHEREAS, Consultant desires to enter into an agreement with the City (the "City") in accordance with Resolution No. 2000-198; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services and advice in connection with the preparation of a Comprehensive Development Plan for Suimy Isles Beach as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall be for a period beginning on the 10th day of February, 2000 through the approval of the Comprehensive Plan by. the Florida Department of Community Affairs except that Consultant understands the Comprehensive Plan including any response to objections and comments, must be complete no later than June 17, 2000 except as may be extended in writing by the Department of Community Affairs and Consultant agrees to be bound, and perform within those time constraints. Failure to do so shall result in a forfeiture of fees. \of 4. COMPENSATION. As the entire compensation to the Consultant for its services to the City under and during the term of this Agreement, in whatever capacity rendered, 1 . Bennello-Ajamil Consulting Agreement the City shall pay to the Consultant the sum as outlined in Consultants proposal for scope of services dated February 9, 2000 (Attachment "A") including the development of the Comprehensive Plan and Land Development Regulations in an amount not to exceed $70,000, unless otherwise agreed in writing by the parties and subject to the terms of paragraph three hereinabove. Payment of said compensation shall be made pursuant to "Attachment A" which is attached hereto and incorporated herein by reference. 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security taxes and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 8. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of 2 . Luft Consultine Inc. Al!I"ccmenl the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. TERMINATION FOR INSOLVENCY. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. 10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 11. INSURANCE REOUIREMENTS. Consultant shall maintain workmen's compensation insurance as required by Florida low and shall furnish a copy of insurance certificate to the City. Additionally, the Consultant shall also maintain general liability insurance in the amount of ONE MILLION ($1,000,000.00) DOLLARS and ONE MILLION ($1,000,000.00) DOLLARS per incident. A certified copy of the Consultant's (or any sub-consultant's) insurance, naming the City as an also insured, must be filed with the City Manager prior to commencement. The insurance must be 3 Bermello-Ajamil Consulting Agreement furnished by insurance companies authorized to do business in the State of Florida and approved by the City Manager. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder, then, such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may be determined by the court on confirmation. 14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, -any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City, shall be addressed to it, to the attention of the Director of Community Planning and Development for the City of Sunny Isles Beach, at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160 with a copy to the City Attorney at the same address. If the notice is intended for the Consultant, it shall be addressed to it at 1900 Tigertail Avenue, Miami, Florida 33133. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with this Agreement for a period of THREE (3) years. 18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as 4 . Bermello-Ajamil Consulting Agreement amended, Title VITI of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the- Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 20. MISCELLANEOUS. The Consultant shall provide the City with a copy of all of its finished work-product(s), including the finished report, on an ffiM-compatible operating system computer disk(s). 21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. . Bermello-Ajamil Consulting Agreement 5 IN WITNESS HEREOF, the parties hereunto set their hands and seals as of the date first above written. Witness: ~\ ~~ ~~.. ~\~'~ '~ ~ By: /~~~~ =-- . Bermello-Ajamil Consultiaa Agreement 6 EXHIBIT "A" WORK PROGRAM COMPREHENSIVE PLAN & LAND DEVELOPMENT REGULATIONS on review of what services were previously provided. Task 3 Community Visioning Process - Public Participation Process (Task Budget - $18,000.00) The Consultant will conduct one-on-one interviews with selected key property owners, residential interest leadership, and elected officials. A maximum of 40 interviews will take place. The Consultant in conjunction with the City, will conduct a community visioning charrette to formulate a set of strategic goals and objectives for the work program. During the charrette, the consulting team will present different components of the community profile. The objective of the visioning process will be to determine the City's overall objectives and priorities for its comprehensive planning and development regulation programs. As objectives and priorities are identified, they will be recorded by the Consultant for possible inclusion in the City's goals, objectives and policies. The City will be responsible for all meeting logistics and turnout. Task 4 Preparation of the Comprehensive Plan Elements (Task Budget - $25,000.00) The Consultant will prepare the Comprehensive Plan Elements in accordance with all applicable State, regional, county and local requirements, and in accordance with the City's objectives and priorities identified during the community visioning process. The required and proposed elements and components of the Comprehensive Plan include: Future Land Use Element Transportation Element Infrastructure Element . . (a.k.a., Sanitary Sewer, Solid Waste, Drainage, Portable Water and Natural Groundwater Aquifer Recharge Element) Conservation Element Recreation and Open Space Element Housing Element Coastal Management Element Intergovemmental Coordination Element Economic Development and Redevelopment Element Community Design Element Capital Improvements Element Each element will contain goals, objectives and policies as discussed in Task 3. Additionally, the support document of the Comprehensive Plan will contain data and analysis for each of the individual elements collected during Task 2. Task 5 Presentation & Revision of the Comprehensive Plan Work Products (Task Budget - $8,000.00) The Consultant will present the draft Comprehensive Plan work products to the City administration for review, comment and correction. The Consultant will then incorporate the comments and corrections requested prior to the public workshop draft of the Comprehensive Plan. The revised draft of the Comprehensive Plan will be presented by the consultant at a public workshop before the City Commission who has been designated as the Local Planning Agency (LP A). The consultant will incorporate the revisions requested by the City administration and the LP A as a result of the public workshops in the preparation of the public hearing draft of the Comprehensive Plan. The final draft plan will then be presented to the Local Planning Agency and the Local Governing Body. The Consultant will incorporate the revisions requested by the Local Planning Agency and the Local Governing Body during the public hearings for the transmittal draft of the Comprehensive Plan. The Consultant will provide 1 reproducible copy of the final draft Comprehensive Plan for this Task. The Consultant will work with City Staff in developing appropriate responses to Chapter 163 reviews and the ORC report from the State of Florida Department of Community Affairs. A finding of Compliance is dependent upon the City Commission's adopting the appropriate responses to DCA requirements. . , Phase II (2 month nmeframe after completion of Phase n Task 7 Land Development Regulations (Task Budget - $19,000.00) The Consultant will prepare the Land Development Regulations necessary to implement the requirements of the Comprehensive Plan and to comply with applicable State, regional, count and local requirements for Land Development regulations. The exact nature and types of development regulations will be determined as a result of the Community Visioning Process and adopted Comprehensive Plan. At a minimum, these will likely include zoning, subdivision, parking, signage, landscaping, property maintenance and appearance, and concurrency-related regulations. The Land Development Regulations will include graphics in addition to the text to clearly describe the development requirements. The consultant will provide one reproducible and disk.