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HomeMy WebLinkAboutReso 2007-1049 RESOLUTION NO.2007-J0Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH BELL DAVID PLANNING GROUP, INC. (BDPG), TO DEVELOP AND ADOPT EAR- BASED GROWTH MANAGEMENT AMENDMENTS NECESSARY TO COMPLY WITH SENATE BILL 360 (2005) AND CHAPTER 163 OF THE FLORIDA STATUTES, IN AN AMOUNT NOT TO EXCEED TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27;500~00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a consultant to develop and adopt its EAR-based growth management amendments necessary to comply with Senate Bill 360 (2005) and Chapter 163, Florida Statues, requirements; and WHEREAS, Bell David Planning Group, Inc. (BDPG) represents that it has expertise in performing these services; and WHEREAS, BDPG will perform these services in three phases, and attend all staff meetings and public hearings as necessary: Phase I. Preparation of EAR-based amendments, updated Capital Improvement Schedule, Proportionate Fair Share Ordinance and preparation of all updated maps; Phase II. The 10-year Water Supply Plan and the Educational Facilities Element for Public School Facilities; and Phase III. Adoption of the EAR-based Amendments, updated Capital Improvements, Schedule, Proportionate Fair Share Ordinance, 10-year Water Supply Plan and the Educational Facilities Element for Public School Facilities; and WHEREAS, BDPG has submitted a proposal, and the City wishes to enter into an agreement with BDPG to perform these services in an amount not to exceed Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The Agreement with Bell David Planning Group, Inc. (BDPG) to develop and adopt EAR-based growth management amendments, in an amount not to exceed Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. R2007. Bell David Planning Group Inc Agmt.Doc Page I of2 Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. ATTEST: ~~.I+~ Jane A. Hines, CMC, City Clerk , . Second by: ~~ I6L~S;IIt~ Yl ~ yY\ (W(j It. Ttll\1-~ Moved by: VOTE AS FOLLOWS: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Cx::)yes L0 yes lJdyes Q3'yes L0 yes L)no L)no L)no L)no L)no R2007- Bell David Planning Group Inc Agml.Doc Page 2 of2 !1J:f!t.'~~~:l'\O u~;jf$. - i~ "~~'I' ~ '~~\~~A~' . ,,~ ) 'fLOY-' ~~ <'1"0,,,,,,...0 CITY OF SUNNY ISLES BEACH BELL DAVID PLANNING GROUP, INC. CONSULTANT AGREEMENT CONTRACT NO: C0607-024 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreemcnt") is made in triplicate, this --L5- day of _E~ ' 200~, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and BELL DAVID PLANNING GROUP, INC. (BDI'G), (hereinafter referred to as "Consultant"). RECITALS WHEREAS, the City is in need of a consultant to develop and adopt its EAR-based growth management amendments necessary to comply with the Senate Bill 360 (2005) and Chapter 163, Florida Statutes, requirements as more fully described in Attachmcnt "A", ("Services"); and WHEREAS, the Consultant represents that it has expertise to perform these Services; and WHEREAS, the City desires to retain Consultant to perform these Services. NOW THEREFORE, in considcration of the foregoing and for the mutual covenants, representations and warrantics and other good and valuablc consideration, the receipt and adequacy of which is hereby acknowledged, the parties agrce as follows: I. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall perform the Services in three (3) phases to assist the City in the development of compliant EAR-based amendments as more fully describcd in Attachment "A": (i.) Phasc I. Preparation of EAR-based amendments, updated Capital Improvement Schedulc, Proportionate Fair Share Ordinance and preparation of all updated maps. Attend all staff mcctings and public hearings as necessary and required. (ii.) Phase II. The 10-year Water Supply Plan and the Educational Facilities Element for Public School Facilities. Attend all staff meetings and public hearings as neccssary and required. (iii.)l'hase III. Adoption of the EAR-based Amendments, updated Capital Improvements, Schedule, Proportionate Fair Share Ordinance, I O-year Water C0607-023 Bell David Planning Group, Inc. Consultant Agreement City of SIIIIIIY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Supply Plan and the Educational Facilities Elcment for Public School Facilities. Attend all staff meetings and public hearings as nccessary and rcquired. 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 begin upon the execution of this Agrcement and shall end upon the completion of Services dcscribed in Attachmcnt "A". The -Completion dates - for-each-of the -three (3) -phases- of-this-Agreement-are-specified- below- (with delivcrables described in Attachment "A") and may bc extended as necessary, in writing by the parties hcreto: (i.) Phase I Completion Date: EAR-based amendments, updated Capital Improvements Schedule, Proportionate Fair Share Ordinance - May 1,2007. (ii.) Phase II. Completion Date: IO-year Water Supply Plan - Deeember 1,2007 Completion Date: Educational Facilities Element - October 1, 2007. (iii.)Phasc III. CompletionDate: EAR-based amendments, updated Capital Improyemcnts Schedule, Proportionate Fair Share Ordinance - July, 2007 Completion Date: 10-year Water Supply Plan - February 1,2008 Completion Date: Educational Facilities Element - prior to January 1,2008 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A" and summarized below in an amount not to exceed Twenty-Seven Thousand Five Hundred Dollars ($27,500.00): (i.) Phasc I $10,000.00 (ii.) Phase II, $10,000.00 (iii.)l'hase III. $ 7,500.00 This compensation shall include Consultant's attendance to all staff and public meeting and hearings, as necessary and required. Consultant shall submit invoices on a monthly basis within ten (l0) days following the end of each calendar month. City shall pay Consultant only for Services actually performed. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and 2 C0607-023 Bell David Planning Group, Inc. Consultant Agreement City of SIIIIIIY Isles Beach 18070 Collins Avcnue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax withhold payment on the contested amounts until they are resolved by agreement with Consultant. 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 othcr -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 expcnses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any cxpcnse incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services 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 detcrmines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. 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. If requested, Consultant shall deli vcr the documents to the City within fifteen (15) calendar days. 7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and 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 propcrty, at law or in equity, which may arise or may bc alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or othcr 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 including wrongful tcrmination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fecs 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. Consultant shall, at its own sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, Consultant's or employces, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for 3 C0607-023 Bell David Planning Group, Inc. Consultant Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Bodily injury and property damage liability with limits of Five Hundred Thousand Dollars ($500,000.00) combined single limit occurrence. Such insurance shall not diminish Consultant's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, - -and-at-anyctimeupon request, Consultant-shall-furnish to-the City-certificates of-insurance - evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reseryes the right from time to time to change the insurancc coverage and limits ofliability required to be maintained by Consultant hereunder. 8. TERMINATION. A. If, through any cause within 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 haye 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 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 thc date of termination, as provided in Paragraph 4 herein. (ii.) Nothwithstanding 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 payment 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 convenicnce and without cause terminate the Services then remaining to be performed at any time 4 C0607-023 Bell David Planning Group, Inc. Consultant Agrcement City of SlIIlIIY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax by giving Consultant ten (l0) days written notice. The terms of Paragraphs A(i) and A(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 eyent the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 12. 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 patties 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 COUlt on confirmation. 13. 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 yiolating such provisions. 14. 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 to A. Jollll Szerlag, City Mal/agel' with a copy to Hal/s Ottil/ot, City Attomey, at City of SUI/I/Y Isles Beach, 18070 Collil/s A vel/ue, SUI/I/Y Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Alex A. David, A ICP, Vice Presidel/t, Bell David PlwlIIil/g Croup, II/C., 1019 N.E, 104''' Street, Miami Shores, Florida 33138, Telephone (786) 514-0121. Facsimile number (305) 751- 5802. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 16. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 5 C0607-023 Bell David Planning Group, Inc. Consultant Agreement City of SlInny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. 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 amended, Title VIII 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 Disabilitics 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 becausc 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 cmployment 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. Thc Consultant agrees to comply with any Fcderal regulations issued pursuant to compliance with Scction 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assistcd program. 18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by thc 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 covcnants that it prcsently 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 Scrvices. The Consultant fUl1her 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. 19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 20. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by referencc, contain the entire agreement of the parties, and may be amended, waived, changed, modificd, extended or rescinded only by a writing signed by the party against whom any such amendmcnt, waiver, change, modification, extension and/or rescission is sought. 6 C0607-023 Bell David Planning Group, Inc. Consultant Agreement City of SUIlIIY Isles Beacll 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. BELL DAVID PLANNING GROUP, INC. RY~O~-~ A ex A. David, AICP, VIce President Ad ' ,t. B' <hJf\~ Jane A. Hines, CMC, City Clerk 61~ SUNNY/~ESJ' ACH BY: ~th/f/4 /Ja Norman S. Edelcup, Mayor / TO FORM AND BY: tans I ttinot, ity Attorney 7 C0607-023 Bell David Planning Group, Inc. Consultant Agreement PROPOSAL FOR CONSULTANT SERVICES CITY OF SUNNY ISLES BEACH EAR-BASED AMENDMENTS, AND ASSOCIATED AMENDMENTS AND ORDINANCES TO ADDRESS 2005 GROWTH MANAGEMENT REQUIREMENTS Proposa1SIB2007-01 The following Scope of Services details the steps by which the Bell David Planning Group (BOPG) proposes to assist the City in the developing and adopting amendments necessary to_ comply with the requirements of 2005 SB360. This scope is based on the requirements in Chapter 163, F,S., guided by the process as enumerated in Section 163.3191 (12)(a) F.S., Rule 9J-5, Florida Administrative Code (FAC,) and Bell David Planning Group's experience, Phase I. Preparation of EAR-based amendments, updated Capital Improvements Schedule, Proportionate Fair Share Ordinance The City must address the 2005 statutory requirements which are presented in Sections 163.3177(3) (a) and (b), Florida Statutes (F.S.), and which require an annually updated, financially feasible 5-year schedule of capital improvements. The Capital Improvements Schedule shall include all publicly and privately funded projects (all sources) necessary to ensure that the adopted level-of- service standards are achieved and maintained, Meaning, this schedule will include all transportation improvements listed in the MPO transportation improvement program and other infrastructure improvements upon which the City will rely for concurrency and financial feasibility. BOPG will prepare amendments necessary to address: the EAR- recommendations; the afore-mentioned requirements regarding the updated Capital Improvements Schedule and the Proportionate Fair Share Ordinance. Deliverables - 10 copies each for staff review of the EAR-based Amendments and Updated Capital Improvements Schedule and 5 copies of the Proportionate Fair Share Ordinance and one electronic copy of each (number of copies may be amended as determined by the City). Completion Date - May 1, 2007 Total Cost of Phase I. - $10,000.00 (not to exceed amount) Phase II. The 10-year Water Supply Plan and the Educational Facilities Element for Public School Facilities Bell David f~lal1llil1g Group 818200"1-01 E:AF~-based 1 ATTACHMENT "A" BDPG will coordinate with Miami-Dade County DERM, Water and Sewer Department and the South Florida Water Management District in order write and secure the necessary approvals for the City's state-mandated 10-year Water Supply Plan (due date Spring 2008). Bell David Planning Group will coordinate as appropriate with Miami-Dade Public Schools through the duration of this process in order to address the new requirements regarding the adoption of an Educational Facilities Element by January 1, 2008. As required by the 2005 State growth management legislation, a public educational facilities element will be prepared to include the following requirements; a. Address public schools levels of service standards and concurrency; b. Ongoing coordination with Miami-Dade County Public Schools; c. Location of existing and future schools sites d. Goals, objectives and policies; e, Monitoring Mechanisms and Procedures; f. Other statutory requirements; g. Maps as needed Deliverables - 10 copies each for staff review of the 1 O-year Water Supply Plan and Educational Facilities Element and one electronic copy of each (number of copies may be amended as determined by the City). Completion Dates - 1 O-year Water Supply Plan - December 1, 2007 Educational Facilities Element - October 1, 2007 Total Cost of Phase II. - $10,000.00 (not to exceed amount) Phase III. Adoption of the EAR-based Amendments, updated Capital Improvements Schedule, Proportionate Fair Share Ordinance, 10-year Water Supply Plan and the Educational Facilities Element for Public School Facilities BDPG will present the documents referenced below to the City Commission (LPA) in advertised public hearings in order to authorize and approve transmittal to the Florida Department of Community Affairs (DCA), as required by Florida Statute. Bell David Planning Group will then transmit the appropriate number of copies to the Department of Community Affairs and copies to designated review agencies. BDPG will revise the proposed amendments, Schedule, Plan and Element to address the objections, recommendations, and comments, if any, and will present the amendments to the City Commission for adoption in an advertised Bell David Planning Group S182007-01 EAR-based 2 public hearing. Bell David Planning Group will then transmit three copies to DCA and copies to designated review agencies. DCA will issue its Notice of Intent to find the adopted amendment in compliance within 20 days. The effective date of the amendments is approximately 45 days from submittal of the adopted EAR- based amendments. The 1 O-year Water Supply Plan will be adopted pursuant to SB 360 and 444 and submitted to the appropriate review agencies to include: Miami-Dade County (for consistency with the County's Plan), the South Florida Water Management District and the State of Florida Department of Community Affairs. The Education Facilities Element will also be adopted and submitted to the appropriate State and regional agencies and Miami-Dade County Public School District for review as a comprehensive plan amendment. As part of this adoption process BDPG will assist in coordinating revisions to the Interlocal Agreement Between the School Board of Miami-Dade County, Miami-Dade County and its municipalities. Completion Dates - EAR-based amendments, updated Capital Improvements Schedule, Proportionate Fair Share Ordinance - July, 2007 1 O-year Water Supply Plan - February 1, 2008 Educational Facilities Element - prior to January 1,2008 Total Cost of Phase III - $7,500 (not to exceed amount) Total Cost of Phases I, II and 111- $27,500.00 (not to exceed amount) Bell David Planning Group appreciates this opportunity to submit this proposal to the City of Sunny Isles Beach. 8ell David Planning Group SIB2007-01 EAR-based 3 Agreement Submitted by: Date: Agreed to by: Date: -it (4 /1. Q~J-1A-d Alex A. David, AICP, ice-President 8ell David Planning Group ~ /OJOl Name of Authorized Representative of the City of Sunny Isles 8each Note: Signature by the City of Sunny Isles 8each signifies a notice of intent to proceed with the under the terms noted above. A facsimile signature shall have the same legally binding effect as an original signature. 8ell David PlalHllng Group 81132007 -01 [Af~-baseu 4 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny I.glesias CommiSSioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net February 21,2007 Alex A. David, AICP, Vice President Bell David Planning Group, Inc. 1019 N.E. 104 Street Miami Shores, Florida 33138 Re: Consultant Agreement Dear Mr. David: At its regular meeting of February 15,2007, the City Commission adopted Resolution No. 2007-1049, which approved a Consultant Agreement with Bell David Planning Group, Inc. to develop and adopt EAR-based growth management amendments. Enclosed are a copy of the approving resolution and an original, executed agreement for your files. Thank you. Very truly yours, ~~W~~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Jorge L. Vera, Assistant City Manager/Services Anice Paul, Administrative Assistant to Finance Director Shaun S. Gelvez, Contracts Coordinator Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax David Bell Agrmt For EAR Amendments Trans Ltr City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner (305) 947-0606 City Hall (305) 949-311 3 Fax (305) 947-2150 Building Department (305) 949-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM To: The Honorable Mayor and City Commission Via: From: Date: Re: A. John Szerlag, City Manager '- Jorge L. Vera, Assistant City Attoreny Service Division~ February 8, 2007 \J Evaluation Appraisal Report (EAR) Consulting Services RECOMMENDATION It is recommended that the City Commission adopt the attached resolution authorizing the City enter into a contract with Bell David Planning Group, Inc. for consulting services in the development and adoption of the City's EAR- based amendments. REASONS The City has obtained proposals from three planning consulting fIrms for the preparation of the EAR- based amendments. Bell David Planning Group, Inc. submitted the lowest proposal of the three fIrms. Fund for this contract come from fund #10-515-5313. Agenda Item 10M Date 2-' 5~01 Priscilla Walker From: Sent: To: Cc: Subject: alex@belldavid.com Friday, December 14, 2007 10:51 AM Hans Ottinot John Szerlag; Jorge Vera; jerry@belldavid.com; Jane Hines; Priscilla Walker Re: EAR-based Amendments Inter/ocal and Ed Fac Element Thanks so much Sent from my Verizon Wireless BlackBerry -----Original Message----- From: "Hans Ottinot" <HOttinot@sibfl.net> Date: Fri, 14 Dec 2007 10:22:07 To:<alex@belldavid.com> Cc:"John Szerlag" <jszerlag@sibf1.net>,"Jorge Vera" <JVera@sibfl.net>,<jerry@belldavid.com>,"Jane Hines" <JHines@sibfl.net>,"priscilla Walker" <PWalker@sibfl.net> Subject: RE: EAR-based Amendments Interlocal and Ed Fac Element By copying Jane Hines, I am asking her to forward the documents you requested to you. Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue, 4th FL Sunny Isles Beach, FL 33160 Phone: 305-792-1702 Fax: 305-792-1562 Please note: Florida has a very broad public records law. Most written communications to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Alex David [mailto:alex@belldavid.com] Sent: Friday, December 14, 2007 10:16 AM To: Hans Ottinot Cc: John Szerlag; Jorge Vera; jerry@belldavid.com Subject: EAR-based Amendments Interlocal and Ed Fac Element Good Morning! Hope you're all rested from last night! Just wanted to confirm that we will need a few things from the City for the packages. We'll need the Ordinance adopting the EAR-based Amendments, the Resolution approving the Interlocal, the signature page from the Interlocal to attach (after it's all signed), and the Ordinance from First reading for the Ed Facs package. Let me know if you have any questions. Thanks Alex A. David, AICP, Principal Bell David Planning Group (786) 514-0121 www.belldavid.com \~ PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. 2