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2004-062 RESOLUTION NO. 2004-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND BELL DAVID PLANNING GROUP, INC. FOR THE CITY OF AVENTURA EVALUATION AND APPRAISAL REPORT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Consultant Services Agreement between the City of Aventura and Bell David Planning Group, Inc., for the city of Aventura Evaluation and Appraisal Report. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Grossman, who moved its adoption. The motion was seconded by Vice Mayor Cohen, and upon being put to a vote, the vote was as follows: Resolution No. 2004-62 Page 2 Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes PASSED AND ADOPTED this 16th day of December, 2004. ~~ APPROVED~NCY' CITY A HORNEY EMS/tms CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND BELL DAVID PLANNING GROUP, INC. FOR THE CITY OF AVENTURA EVALUATION AND APPRAISAL REPORT Agreement Number: A102704 As required by Chapter 163.3191, Florida Statutes (F.S.), each local government in the State of Florida is required to adopt an Evaluation and Appraisal Report (EAR) once every seven years to assess progress in implementing their comprehensive plan. According to the established schedule, the City of Aventura is required to submit its adopted EAR to the State by December 1, 2005. This Agreement is entered into between the City of Aventura (City) and Bell David Planning Group, Inc. (BDPG). 1. Engagement. The City engages BDPG to perform, and BDPG agrees to use its best efforts to perform, the services specifically set forth in the Scope of Services attached hereto, and incorporated herein by reference, as Exhibit "A". Such services include the examination of the City's existing Comprehensive Plan and the recommendation of amendments to such plan. Recommendations for amending such plan will be included in the EAR. 2. Term: Good Faith. The term of the Agreement shall be for an initial term of 14 months from the date of signing. If necessary, the parties may negotiate a subsequent term. Both the City and BDPG acknowledge and commit to acting in good faith with each other. 3. Compensation. In consideration of the services to be rendered by BDPG during the term of this Agreement, BDPG shall receive a fee as set forth in the Scope of Services as enumerated in Exhibit "A", 4. Termination. This Agreement shall be terminable by the City upon 30-day notice to BDPG. BDPG shall be entitled to any fee earned hereunder prior to the effective date of any termination, and payment of such fee shall be made within 30 days of being earned. BDPG shall have a right to terminate only if the City fails to timely pay BDPG's fees. 5. Venue. Venue in any proceeding instituted under this Agreement shall be Miami-Dade County, FI. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 6. Construction. The language of all parts of the Agreement will be construed as a whole according to its fair meaning and not strictly for or against any party. Each party has reviewed this Agreement with their respective counsel. Any rule of construction to the effect that ambiguities are to be resolved against the EARAgreementA 102704 11//09/04 drafting party shall not apply in the interpretation of this Agreement or any amendments to it. 7, Severability. In the event a court of competent jurisdiction declares any terms or provision of this Agreement to be invalid or unenforceable for any reason, this Agreement will remain in full force and effect, and either: (a) the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable; or (b) if such a modification is not possible, this Agreement will be interpreted as if that invalid or unenforceable provision were not a part of this Agreement. 8. Entire Agreement: Modification. This Agreement constitutes the entire understanding of the parties and supercedes any and all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter. This Agreement may be modified only by a written instrument executed by the City and BDPG. 9. Sub-consultant. At no additional cost to the City, Bell David Planning Group will utilize the services of The Corradino Group, as sub-consultant, as necessary in order to fulfill this Agreement. None of the work or services in this Agreement shall be further sub-contracted without the written consent of the City. Agreement Submitted by: ~ Date: 12.../' ,,10"1 I , Note: Signature by the City of Aventura signifies a notice to proceed under the terms noted above, A facsimile signature shall have the same legally binding effect as an original signature. Date: EARAgreementAI02704 11//09/04 2 EXHIBIT "A" Scope of Services The following Scope of Services details the steps by which Bell David Planning Group will assist the City in its development and adoption of the EAR. This scope is based on the requirements specified in Chapter 163, F.S. and Rule Chapter 9J-5, Florida Administrative Code (F.A.C.), and the collective experience of Bell David Planning Group's principals. TASK 1- ASSESSMENT OF MAJOR INVOLVEMENT In order to ensure that the City of Aventura meets the required DCA submittal date of December 1, 2005, BDPG proposes to begin the initial issue identification/public involvement process during the NovemberlDecember 2004 period. All efforts associated with this task will be performed in support of the identification of critical and major issues facing the City. These issues may range anywhere from Quality-of-Life, including urban services, congestion and parks; to development/redevelopment and community revitalization; environmental issues; and housing. ISSUES AND PUBLIC The BDPG Team will immediately meet with key City staff and officials to gather input on major issues affecting the City. In addition, our team will conduct a minimum of one public workshop. Other coordination efforts will include meetings with elected officials, appointed officials, City staff, and other government agencies. The purpose of the public workshops(s) will be to discuss and receive public input on the key local planning issues that will be addressed in the EAR. After one or more public workshops have been held, the Team will conduct an interagency scoping meeting (see Task 2) with adjacent local jurisdictions and State, regional and County agencies to receive their input on the key issues that have been identified, and to identify additional issues that should be addressed. In addition, this meeting will serve as an opportunity to identify and collect the data that needs to be received from these agencies in order to conduct the EAR. Throughout the EAR process, the Team may coordinate with the following: City Commission Local Planning Agency Advisory Boards City Staff School Board Chambers of Commerce Homeowners' Associations Builders' Associations Civic Groups EARAgreementA102704 11//09/04 3 Representatives of Adjacent Local Governments Additional Agencies as Requested by City Staff TASK 2- INTERAGENCY SCOriNG MEETING The Team considers interagency coordination as a critical component to the success of the EAR process. Agencies that are part of the coordination effort during this Task (and throughout the process) include: adjacent municipalities such as Hallandale, North Miami Beach, Sunny Isles Beach and Golden Beach; Miami-Dade County; Florida Department of Transportation; Miami-Dade County Transit; South Florida Regional Planning Council; Department of Environmental Protection; South Florida Water Management District; Miami-Dade County Public Schools; and the Department of Community Affairs. The results of Tasks 1 and 2 will be a compilation report that summarizes all issues identified for further research and updating. This report will be submitted to City staff for review and consideration during December 2004, and, following that, the DCA in order to receive a Letter of Understanding. Any and/or all of the issues identified in this task will be addressed in the EAR document (see Task 4). Projected Cost Estimate for Tasks 1 and 2: $6,000 TASK 3- REVIEW AND EVALUATION OF THE 1998 PLAN The purpose of this Task is to perform a comprehensive review on an element- by-element basis of the Plan in order to identify any successes or shortcomings in achieving the City's goals, objectives and policies. This analysis, and associated recommendations, will be incorporated into the EAR document. Projected Cost Estimate for Task 3: $15,000 TASK 4- DEVELOPMENT AND PREPARATION OF DRAFT EAR The purpose of this Task is to develop and prepare, in coordination with City staff, the draft Evaluation and Appraisal Report in accordance with Chapter 163, F.S. The issues identified in Tasks 1,2 and 3 will be: described; analyzed, and; evaluated for potential social, economic, and environmental impacts. A series of Comprehensive Plan amendments to address these issues will be recommended. In addition, the draft EAR will include: Description of the process used to ensure public participation Updated population estimates Changes in Land Area Vacant land for future development Demands of growth on infrastructure Location of development EARAgreementAI02704 11/109/04 4 Coordination of any future school locations, and an evaluation of successes and shortcomings in coordinating residential development and public school capacity List of changes needed in the comprehensive plan due to changes in state law, regional plans and/or administrative rules Other issues as may be required by City staff Tasks 3 and 4 will take place during the January/June 2005 period with the end product being the first draft of the EAR. This draft will be submitted to the City for review. Any comments or suggestions received from City staff will be addressed prior to proceeding to Task 5. Projected Cost Estimate for Task 4: $15,000 TASK 5- PUBLIC HEARING ON PROPOSED EAR The purpose of this Task is to ensure that the public and all concerned stakeholders have an opportunity to review and comment on the draft EAR. Any and/or all comments received during this phase will be addressed as part of this Task which will take place during July 2005. TASK 6- TRANSMITTAL OF DRAFT EAR TO DCA The purpose of this Task, which will take place during September 2005, is to submit the EAR draft to DCA in order to obtain any possible comments in advance of required adoption and submittal dates. Projected Cost Estimate for Tasks 5 and 6: $2,000 TASK 7- RESPONSE TO OBJECTIONS, RECOMMENDATIONS, AND COMMENTS All objections, recommendations and comments will be reviewed and the draft EAR will be revised accordingly (Task 8) during October 2005. TASK 8- REVISE PROPOSED EAR The purpose of this task is to revise the EAR according to comments received. These changes will be incorporated within the EAR document and submitted to City staff for review and approval (October 2005). Projected Cost Estimate for Tasks 7 and 8: $2,000 TASK 9- PUBLIC HEARING TO ADOPT PROPOSED EAR Final hearing for adoption of Evaluation and Appraisal Report will take place during November 2005. TASK 10- TRANSMITTAL OF PROPOSED EAR TO DCA This Task will take place prior to December 1, 2005, EARAgreementAI02704 11/109/04 5 Total Cost of Agreement - $40,000.001. Billing will occur monthly on a documented percent of task completed basis. Additionally, any studies requested by the City above and beyond the Scope, as described herein, will be negotiated separately. 1 Note: The proposed cost includes all costs and expenses to be incurred by Bell David Planning Group in completing the EAR for the City of Aventura, with the exception of out of Miami-Dade, Broward and Palm Beach County travel costs, D811fBFellBB fBes, equipment rental fees, and printing costs, if any. 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