HomeMy WebLinkAboutReso 2008-1214
RESOLUTION NO. 2008- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH LUFT CONSULTING, INC. TO PERFORM CONSULTANT
SERVICES, UPDATE THE PLANNING POLICIES AND DEVELOP
STRATEGIES FOR OPEN SPACE AND RECREATION FACILITIES
SERVING SUNNY ISLES BEACH, IN A TOTAL AMOUNT NOT TO
EXCEED FORTY THOUSAND DOLLARS ($40,000.00), 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 THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 13, 2007, pursuant to Resolution No. 2007-1190, the City
Commission qualified Luft Consulting, Inc. for the purpose of providing on-call planning services to
the City; and
WHEREAS, the City wishes to enter into a Consultant Agreement with Luft Consulting, Inc.
to perform consultant services, update the planning policies and develop strategies for open space
and recreation facilities serving Sunny Isles Beach; and
WHEREAS, the Consultant is qualified, willing and able to provide the desired services, and
the City desires to enter into an agreement with Luft Consulting, Inc. to provide the services in a total
amount not to exceed Forty Thousand Dollars ($40,000.00), 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 1. Approval of Agreement. The Agreement with Luft Consulting, Inc. to perform
consultant services, update the planning policies and develop strategies for open space and recreation
facilities serving Sunny Isles Beach, in a total amount not to exceed Forty Thousand Dollars
($40,000.00), attached hereto as Exhibit "A", be, and the same, is hereby approved.
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 this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 1 ih day of January 2008.
Rl008- Luft Consulting Agmt For Planning Srvs
Page I of2
ATTEST:
~AL
Jane A. Hines, CMC, City Clerk
AS TO FORM
L SUFFICIENCY:
Vote: 6-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
R2008- Luft Consulting Agmt For Planning Srvs
-1L-(Yes)
V(Y es)
L,./(Yes)
t1Y es)
_(Yes)
Moved by: C~~ eRtLI)\)
Seconded by: \( \ (.L Y'f\fJ.J:;PV T)4~
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
CITY OF SUNNY ISLES BEACH AND
LUFT CONSULTING, INC. AGREEMENT
CONTRACT NO. 0708-027
THIS SERVICE AGREEMENT ("Agreement") entered into this C2.l.!day of
~~(I)~, 2008, by and between the CITY OF SUNNY ISLES BEACH (hereinafter
referred as to "Ci y"), a municipal corporation of the State of Florida, and, LUFT CONSULTING,
INC. authorized to do business in the State of Florida (hereinafter referred to as "Consultant"), whose
Federal I.D. # is
RECIT ALS
WHEREAS, the City wishes to employ Consultant to perform consultant services, update the
planning policies and develop strategies for open space and recreation facilities serving Sunny Isles
Beach, as more particularly described in Attachment "A" which is attached hereto and made a part
hereof; and
WHEREAS, the Consultant is qualified, willing and able to provide the desired services on the
terms and conditions set forth herein; and
WHEREAS, pursuant to Resolution No. 2007-1190, the City qualified Consultant for the
purpose of providing on-call planning services for various projects that may arise throughout the 2007-
2008 fiscal year; and
WHEREAS, the City desires to enter into this Agreement with Consultant to provide the
services in a total amount not to exceed Forty Thousand Dollars ($40,000.00); and
WHEREAS, the expenditure in an amount not to exceed Forty Thousand Dollars ($40,000.00)
is authorized pursuant to Resolution No. 2007-1187 which amended the City's Fiscal Year 2007-2008
Budget to transfer Two Hundred Thousand Dollars ($200,000.00) from the Contingency Fund
Contingency Account to the City's Capital Fund Consulting Services for the purposes of funding
consulting services; and
WHEREAS, Resolution No. 2007-1187 further authorized the City Manager to expend
Twenty Thousand Dollars ($20,000.00) per project, based on proposals from the list of qualified pre-
approved consultants, with any projects over $20,000.00 requiring City Commission approval.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, the parties agree as follows:
TERMS
1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and
made a part hereof.
2. SERVICES: Consultant agrees to furnish all labor and materials in a good workmanlike and
professional manner and to perform the Services designated in Attachment "A" attached hereto, and
C0708-027 LUrT CONSULTING. INC. AGREEMENT
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
incorporated herein by reference. The Services shall be performed by Consultant to the full
satisfaction of the City. Consultant agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with the
City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly.
Consultant agrees to immediately inform the City via telephone and in writing of any problems that
could cause damage to the City's property, improvements and persons. Consultant will require its
employees to perform their work in a manner befitting the type and scope of work to be performed. In
the event that the Consultant fails to complete the Services pursuant to the terms of this Agreement and
City must undertake the completion of performance of Services, Consultant agrees to indemnify the
City for all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a result of the Consultant's failure to perform the Services.
3. COMPENSA TION. Payment to Consultant for all charges and tasks under this Agreement
shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A",
which fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this Agreement.
b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement
will be reviewed by the initiating City Department. If services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department for
payment. Invoices must reference the contract number assigned hereto. Invoices will
be paid in accordance with the State of Florida Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records, the
Consultant will clearly state "final invoice" on the Consultant's final/last billing to the
City. This certifies that all services have been properly performed and all charges and
costs have been invoiced to the City. Since this account will thereupon be closed, any
other additional charges, if not properly included on this final invoice, are waived by the
Consultant.
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 withhold payment on the contested amounts until they are
resolved by agreement with Consultant.
C0708-027 LUFT CONSUL TlNG, INC. AGREEMENT
2
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this Agreement.
4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered
during the performance of this Agreement, the City shall have the right to cancel this Agreement upon
ten (IO) days written notice to Consultant. Upon termination, the City may re-bid the project if the
Consultant fails to perform under this Agreement due to the undisclosed conditions.
5. INSURANCE: Consultant shall, at its 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, sub-Consultants or employees, as indicated below:
o
Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
completed operations, personal injury and property damage liability with minimum
limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate.
o
Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
o
Business Automobile Liability which shall include coverage for all owned, non-owned
and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily
injury and Five Hundred Thousand Dollars ($500,000) per accident for property
damage.
o
Umbrella/Excess Liability coverage in addition to the foregoing limits that when
combined with the foregoing limits provide total coverage of at least Five Million
Dollars ($5,000,000).
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-
insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of
Florida and acceptable to the City with a minimum Best's Insurance Guide rating of A-Excellent. Before any work under
this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability,
with the City named as 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
C0708-027 LUFT CONSULTING, INC. AGREEMENT
3
City of Su II "Y Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or
altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the
insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require
and ensure that each of its sub-Consultants providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING
BY THE CITY.
6. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work product
produced pursuant to this Agreement shall become the exclusive property of the City and shall be
provided to the City upon request.
7. INDEPENDENT CONSULT ANT RELATIONSHIP: It is understood and agreed that
nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other
association, or an employer/employee relationship between the Consultant and the City. Consultant
shall be in the relation of an independent Consultant and is to have entire charge, control and
supervision of the work to be performed hereunder.
8. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this
Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses,
approvals and consents necessary for the lawful conduct of the activities contemplated under this
Agreement.
Specifically, Consultant shall comply with all applicable conflict of interest provisions as provided in
state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16
entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny
Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced
ethical standards.
9. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to the
fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages, losses
and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate
proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors,
mistakes or omissions relating to professional services in the performance of this Agreement.
The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives,
officers, directors, officials and employees shall arise in connection with any claim, damage, loss or
expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or
destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts,
errors, mistakes or omissions related to professional services in the performance of this Agreement
including any person for whose acts, errors, mistakes or omissions the Consultant may be legally
liable.
C0708-027 LUrT CONSULTING. INC. AGREEMENT
4
r
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the
Consultant for the indemnification set forth in this Agreement. The Consultant hereby acknowledges
receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the
City in exchange for giving the City the indemnification provided herein.
10. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the
City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of
substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is
personal to the Consultant and it may not, either directly or indirectly, assign its rights or delegate its
obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted
assignment or delegation shall be deemed of no legal force and effect whatsoever.
11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth
hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end
upon the completion of Services described in Attachment "A". The term of this Agreement may be
extended for an additional term at the option of the City. Payment will be made only for work
completed to the satisfaction of the City. Consultant is to commence performance of work on the
Commencement Date and continue in a diligent manner until work is complete. Consultant
acknowledges that compliance with the commencement and completion schedule is the essence of this
Agreement. The terms of Sections 8 and 9 entitled "Compliance with Law" and "Indemnification and
Waiver of Liability" respectively, shall survive termination of this Agreement.
12. TERMINATION:
A. Termination for Cause. 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 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 3 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.
C0708-027 LUFT CONSULTING, INC. AGREEMENT
5
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
13. NOTICES: All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested,
(ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile
with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class
postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier
service), addressed to such party as follows:
If to the City: A. John Szerlag With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Consultant: Jack Luft
President
Luft Consulting, Inc.
1717 Windward Way
Sanibellsland, Florida 33957
Tel: (239) 395-2215
Fax: (239) 395-1787
14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance
of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida,
without regard to principles of conflict of laws thereof. The location of any legal action or proceeding
commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida.
15. 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
C0708-027 LUrT CONSULTING, INC. AGREEMENT
6
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
16. MISCELLANEOUS:
A. In the event any provision of this Agreement is found to be void and unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be
binding upon the parties with the same effect as though the void or unenforceable provisions had been
severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which shall
be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with respect to
the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written
negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed by
the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless such
waiver is in writing and signed by the party granting such waiver.
17. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document.
([he remainder of this page has been intentionally left blank.)
C0708-027 LUrT CONSULTING, INC. AGREEMENT
7
City of Sunny Isles Beach
18070 Collins A venue, 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.
WITNESSES:
LUFT CONSULTING, INC.
CONSULTA
~
BY:
WITNESSES:
BY:
ATTEST
CITY OF SUNNY ISLES BEACH
By;~~A~
Jane Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGALS I N Y
C070S-027 LUFT CONSULTING, INC. AGREEMENT
8
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Urban Planning & Design
December 12, 2007
Mr. A. John Szerlag
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL
33160
Re: Consultant Services Proposal - Update of Comprehensive Plan pOliciesS
Recreation & Open Space Element & Implementation Strategies for Open Space
Development
Dear Mr. Szerlag,
I appreciate the opportunity to meet with you and City staff regarding the City's
desire to update the planning policies and development strategies for open space
and recreation facilities serving the City of Sunny Isles Beach.
Attached hereto as Exhibit A - Scope of Services, is a proposal for providing the
planning and design services to analyze the needs and priorities of the City for
expanding its open space facilities program and the recommendations that will
guide the implementation of such a program. A fee structure for the planning
services is included.
t 239-395-2215 with any questions or comments about this
Jack Luft
President
Luft Consulting, Inc.
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L-C J. 3 2001
Attachment: Appendix A - Scope of Services
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ATTACHMENT "A"
AGREEMENT
AGREEMENT, between THE CITY OF SUNNY ISLES BEACH., (hereinafter "the City")
and LUFT CONSULTING, INC. (hereinafter the "Consultant").
Now, therefore, the parties hereto agree as follows:
1. EMPLOYMENT. The City shall employ the Consultant, and the Consultant
shall serve the City according to the terms and conditions hereinafter set
forth.
2. TERM. The term of this Agreement shall commence January 1 st, 2008 and
shall end on April 1 st, 2008 or at such time as the Consultant's invoiced
fees, as approved by the City, equal the compensation limit set forth in
Section 5 herein. This term may be extended for an additional ninety (90)
days solely at the discretion of the City.
3. DUTIES. The Consultant shall serve the City through performance of the
work program set forth in the "Scope of Services" which is attached hereto
and labeled "Exhibit A".
4. TIME REQUIREMENTS. The Consultant shall perform in a timely manner the
duties required under this agreement by providing a work schedule and
deliverable dates for each work product. The City, at its discretion, and in
writing, may extend the work schedule and due dates when
circumstances beyond the Consultants control arise which delay the work
effort .
5. COMPENSATION. The Consultant shall be compensated at the rate of
Two hundred ($200.00) dollars per hour plus travel expenses. The
Consultant shall submit monthly invoices itemizing the work effort
and deliverables as provided in Exhibit A, Scope of Services,
attached to the Consultant Agreement. Payment by the City shall
be made to the Consultant in accordance with the fee amount for
each completed phase of the Contract scope accepted as
satisfactory by the City. The City shall not unreasonably withhold
acceptance of work completed in accordance with the scope of
services. Payment shall be made by the City within 30 days of
receipt of each monthly invoice. The total compensation under this
Agreement shall not exceed forty thousand ($40,000.00) dollars for
two hundred (200) total billable hours except if a second public
workshop is required at the option of the City for an additional ten
(10) hours at the same billing rate. Travel expenses shall not
exceed a total of five round-trips of three hundred miles from
Sanibel, Florida to Sunny Isles Beach at a rate of three hundred
dollars ($300) per trip inclusive of travel time, vehicle mileage, gas,
1 of 2
I
meals, and tolls. Additional trips as may be required by the City
may be authorized by the City Manager per the above expense
rate.
6. INDEMNIFICATION AND HOLD HARMLESS PROVISION. The Consultant
agrees hereby to indemnify and hold harmless the City from any and all
claims by the Consultant that may arise out of and in the course of the
performance of his duties herein described. Any and all claims for
unemployment benefits and or claims for workers compensation benefits
are hereby expressly waived by the Consultant who agrees to maintain
separate of liability, health, and accident insurance as may be necessary
or required by the City in connection with the performance of his duties
herein.
7. RELATIONSHIP BETWEEN PARTIES. The Consultant is employed by the
City only for the purposes and the extent set forth in this Agreement,
and his relation to the City shall, during the period or periods of his
employment and services herein described, be that of a Consultant.
The Consultant shall be free to dispose of such portion of his entire
time, energy and skill during regular business hours as he sees fit
and may devote his professional efforts described herein to the City
in such manner he deems suitable and to other persons, firms or
Cities as he deems advisable. The Consultant shall not be
considered as having an employee status or as being entitled to
participate in any plans, arrangements, or distributions by the City
pertaining to or in connection with any insurance pension, stock,
bonus, profit sharing, or similar benefits for the their regular
employees.
8. PROFESSIONAL RESPONSIBILITY. Nothing in this Agreement shall be
construed to interfere with or otherwise affect the rendering of services by
the Consultant in accordance with his independent and professional
judgment.
9. ENTIRE AGREEMENT. The within Agreement shall be construed in
accordance with Florida law and shall constitute the entire
Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto agree to the above terms and have
caused this Agreement to be executed in their names by their duly
authorized officers.
THE CITY OF SUNNY ISLES BEACH, FLORIDA, A MUNICIPAL CORPORATION
By:
2 of 2
A. John Szerlag, City Manager
Date
LUFT CONSULTING, INC.
By:
Jack Luft, President
Date
3 of 2
Exhibit A
(as an attachment to Consultant Services Agreement)
CONSULTANT SCOPE OF SERVICES
Sunny Isles Beach Recreation & Open Space Enhancement
Planning & Implementation
PHASE I - Data Collection and Analysis
Task A. Consultant shall survey existing and proposed recreation facilities
and open space lands, including municipally owned, County (Haulover Park)
and State owned lands (beaches), and classify them according to type,
function, size, utilization (unimproved or unutilized) and potential for
expansion and improvement (additional or upgraded facilities). A graphic
depicting the individual park spaces and their locations shall be prepared to
assist in public understanding of available recreation and open space
resources.
Task B. A demographic analysis of the resident population by census tract
and block group based on 2000 census and 2005 updates, as available, shall
be prepared to relate facility types and activities to, population density, user
group profiles and needs (according to best planning practice).
Task C. Utilizing sources from the Chamber of Commerce, hotel
associations, available visitor records from facilities such as the municipal
pier, bed tax revenues and City records, an estimate of user activity and
trends for public visitation and use of beach front lands shall be prepared.
Task D. A graphic shall be prepared illustrating the distribution of resident
user groups by type, concentration and general activity patterns to depict
impacts on existing and proposed park and open space facilities. The impact
of non-resident use shall be estimated where supporting data (permits to
non-resident groups, attendance figures for regionally promoted events) is
available.
Task E. A matrix of existing conditions shall be prepared to compare the
extent of specific facility types and geographic service areas for each facility
and public open space relative to specific neighborhoods and user groups.
An analysis of deficiencies or facility needs relative to service areas shall be
prepared to better define opportunities for open space and recreation
enhancements.
Task F. Accessibility issues relative to park and open space relationships to
existing user groups shall be prepared. Access by foot, bicycle, private
Task F. A graphic depiction of potential site opportunities for expansion
and/or enhancement of the existing park and open space system of the City
and their optimal recommended utilization by facility type shall be prepared.
Consultant Time allocation per Phase II - 48 hours.
Phase III - Public Participation and Planning Workshop
Task A. A public workshop to be conducted by the Consultant shall be held
at a location, time and date to be determined by the City for the purposes of
providing to the general public, residents, property owners, business owners
and employees within the City an overview of the planning objectives, issues,
survey and analysis findings and potential recreation and open space site
expansion and improvement options resulting from Phases I and II.
Task B. To facilitate the provision of information and dialogue with the
public, the Consultant shall provide displays of the graphic material
prepared in Phases I & II that illustrate the facts, findings and conclusions of
the planning study to that point in time.
Task C. The public workshop shall include a feedback and visioning element
of the public participation to solicit questions, comments and
recommendations relative to the information and opportunities described by
the Consultant. The objective is to gain public input that will more closely
relate the potential community recreation and open space enhancements to
be recommended by the study to the perceived needs, desires, and
expectations of the pu blic while addressing their concerns and suggestions in
the final report.
Task D. The results of the workshop shall be compiled in the form of
written questions, comments and/or recommendations voluntarily provided
by the public workshop attendees on response forms provided at the meeting
to be left or mailed or e-mailedaftertheconclusionofthemeeting.This
information and its implications for study policy recommendations will be
summarized in the final report by the consultant.
Task E. If, at the discretion of the City, a second public workshop meeting is
desired, a follow-up presentation summary of the first workshop shall be
presented to the public. A discussion of recommended options for
enhancements and potential expansions ofthe City recreation and open
space system shall be provided by the Consultant to offer the public
additional perspective on policy options for the City in addressing future
recreation and open space needs. Additional comments and
recommendations of the public shall be recorded and summarized.
Consultant Time allocation per Phase III - 20 hours (one workshop) - 30
hours (two workshops).
3
vehicle, shuttle bus services, and the disabled shall be described in terms of
ease of access or barriers that may exist affecting utilization of such facilities.
Availability of parking and sufficiency thereof shall be reviewed and
analyzed in concert with a parking needs and access study being conducted
by a transportation planning firm as selected by the City.
G. A graphic shall be prepared illustrating the accessibility issues as
determined by the above described survey for neighborhood, community
and visitor utilization of existing and proposed park and open space
facilities.
Consultant Time allocation per Phase I - 48 hours.
PHASE II - Opportunities Analysis
Task A. A review of Comprehensive Plan Goals, Objectives and Policies
(adopted plan and 2007 EAR submission amendments) shall be prepared to
identify compliance issues, if any, or potential future compliance actions that
may arise relative to the existing infrastructure of Open Space and
Recreation facilities of the City and the Survey and Analysis findings of
Phase I.
Task B. A review of current literature and best planning practices shall be
prepared to identify optimal and desirable recreation facility and open space
needs for a population comparable to the City of Sunny Isles Beach. A
comparison to existing resources as identified in Phase I shall be described.
Task C. A survey of private lands within the City shall be prepared to
identify potential site opportunities by size and location for expansion and
enhancement of parks and open space vis-it-vis the above described survey
findings and analysis. A graphic depiction of the size, location, current land
use, extent of improvements, tax role information of value and age of
improvements and future land use potential (expansion of density and
intensity) of the identified potential sites shall be prepared.
Task D. An analysis of accessibility factors that are neutral, positive and/ or
negative for each potential future recreational and open space site acquisition
and expansion shall be prepared with a graphic depiction of physical
linkages to user groups, mode type and barrier issues provided for public
information.
Task E. A Suitability Analysis shall be prepared identifying the
recommended appropriate recreational activity pattern alternatives of
passive, active, large scale gathering, organized events, and age group
utilization for each potential site acquisition or expansion.
2
Phase IV - Recreation & Open Space Recommendations and
Implementation Options
Task A. Consultant shall prepare a recommended action plan that identifies
options for addressing the results of the Phase I, II and III planning work.
Such plan shall include:
1. Specific recommendations for facility enhancement or expansion
of municipal parks, recreation and open space facilities and lands
by geographic sector of the city (north, central and south). This
will include a breakdown by facility type (passive, active,
neighborhood based, community based, regional based, public
assembly and major facility based improvements.) A map graphic
of the distribution, location and relationship to existing facilities of
the recommended improvements shall be prepared.
2. Identification of specific lands, if needed, to be acquired to meet
the needs of the recreation and open space plan. A matrix of
priorities for alternative sites based on suitability to need;
accessibility; visibility; compatibility with surrounding land uses;
extent of disruption and displacement to private property; existing
improvements and businesses; cost; parcel size and assembly
feasibility; compatibility with adopted urban design standards and
policies; and synergy with existing and proposed municipal
facilities (public buildings, parking, utilities, operations, public
safety).
3. A recommended phased development program for improvements
and acquisitions, if needed, shall be described.
4. Illustrative drawings and graphics that depict potential
improvements and design of spaces that facilitate the public use
needs identified in the Phase II Opportunities analysis.
5. A description of how the Consultant recommendations
incorporate and/or complement the findings and
recommendations of the concurrent parking study being prepared
for the City by a transportation planning firm as identified in
Phase I (F) above.
6. A summary of the Public input and recommendations shall be
prepared as an appendix to the report.
Consultant Time allocation per Phase IV - 60 hours.
4
PHASE V. Report Preparation and Publication
Task A. Consultant shall prepare ten (10) copies of a printed report with
color graphics per Phases I. - IV. To be delivered to the City Manager's
office. A preliminary report shall be available for City review and comment
by March 1 st, 2008 and the final draft report shall be deliverable by March
15th. A final report, incorporating the review of the City shall be provided
by the conclusion of the term of the agreement on April 1 51, 2008.
Task B. The report shall be reproduced in Adobe file format as a .pdf
document on disc provided to the City for reproduction.
Task C. An executive summary for public distribution shall be prepared as a
four page brochure in Adobe file format as a .pdf document for City
reproduction or distribution through the City web site.
All graphic material produced by the Consultant for public presentation and
workshops shall be the property of the City.
Consultant Time allocation per Phase V - 24 hours.
City Provision of Documents and Support Information
A. City shall provide Consultant with base maps of the City in .pdf file
format that include zoning data, location of municipal open space and
recreation facilities, streets and public rights-of-way.
B. City shall provide the latest available aerial photographs in digital format
(.jpg or .pdf or .tif files) of the municipal incorporated area.
C. City shall provide available data on current estimates of dwelling units
with certificates of occupancy, dwelling units under construction and
permit applications for new residential development.
D. City shall provide available information on existing park and recreation
facilities, improvements, and capital expenditures for future committed
park and open space improvements.
E. City shall provide public notification for citizen workshops conducted per
Phase III of this scope of services.
5
j
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jane A. Hines
City Clerk
January 23,2008
Jack Luft, President
Luft Consulting, Inc.
1717 Winward Way
Sanibel Island, Florida 33957
Re:
Consulting Agreement with Luft Consulting Inc.
Dear Mr. Luft:
At its regular meeting of January 17, 2008, the City Commission adopted
Resolution No. 2008-1214, which approved a Consulting Services Agreement
with Luft Consulting, Inc. for the update of the City's planning policies and the
development of strategies for open space and recreational facilities. Enclosed are
two (2) original agreements for execution by you and two witnesses.
Upon execution, please return both originals to my attention for final processing.
An original, executed agreement and a copy of the approving resolution will be
mailed to you upon completion.
Thank you.
~truly yours,
~~m~uJ~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Robert Solera, Community Development Director (w/o enclosures)
Luft - Planning Services Agrmt far Sig Trans Ltr
L u f t Con sui tin g, Inc.
To: Priscilla Walker, CMC
From: Jack Luft
CC:
Date: February 22,2008
Re: Executed Agreements
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1717 Windward Way
Sanibellsland
Florida, 33957
Ph. 239-395-2215 Fax. 239-395-1787
Memo
Enclosed are the executed agreements for processing.
Page 1
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
March 7,2008
Jack Luft, President
Luft Consulting, Inc.
1717 Winward Way
SanibelIsland, Florida 33957
Re:
Consulting Agreement with Luft Consulting Inc.
Dear Mr. Luft:
At its regular meeting of January 17, 2008, the City Commission adopted
Resolution No. 2008-1214, which approved a Consulting Services Agreement
with Luft Consulting, Inc. for the update of the City's planning policies and the
development of strategies for open space and recreational facilities. Enclosed are
an original, fully executed agreement and a copy of the approving legislation for
your files.
Thank you.
~uly yours,
~~
Priscilla Walker, C~
Deputy City Clerk
Enclosures
cc: Jorge L. Vera, Assistant City Manager/Services
Robert Solera, Community Development Director
Anice Paul, Administrative Assistant to Finance Department
Luft - Planning Services Exec Agrmt Trans Ltr