HomeMy Public PortalAbout2008-23 Agreement with Fielding Nair International re Municipal Charter StudyRESOLUTION NO. 2008-23
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
AGREEMENT FOR MUNICIPAL CHARTER SCHOOL
STUDY SERVICES BETWEEN FIELDING NAIR
INTERNATIONAL, LLC, AND THE VILLAGE OF KEY
BISCAYNE; IDENTIFYING AND AUTHORIZING FUNDING
SOURCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the RFP competitive selection process utilized by the Village for
the Municipal Charter School Planning Program, the Village Council of the Village of Key Biscayne
desires to utilize the work and services of Fielding Nair International, LLC (the "Consultant"), an
experienced municipal charter school planner, to review the current educational state of the village,
the options available from an educational standpoint, and make recommendations on future steps;
and
WHEREAS, the Village Council allocated funds in the FY08 Capital Outlay Budget for this
project under "Educational Initiatives — High School"; and
WHEREAS, the Village Council finds that the approval of the Agreement for Municipal
Charter School Study Consultant Services between Consultant and the Village (the "Agreement"),
attached as Exhibit "A", is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Authorization. That the Agreement (Exhibit "A") is hereby approved and
the Village Manager is hereby authorized to execute the attached Agreement between Consultant and
the Village for the provision of work and services described in the Agreement, in substantially the
form attached hereto, once approved by the Village Attorney as to form and legal sufficiency.
Section 3. Funding Source. That the Village Manager is authorized to utilize funds
from the "Educational Initiatives — High School" source in FY08 Capital Outlay Budget for
expenditures required by the Agreement.
Section 4. Implementation. That the Village Manager is authorized to take all action
necessary to implement the purposes of this resolution and the Agreement.
Section 5. Effective Date. That this resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 13th day of May, 2008.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS 0 FORM AND LEGAL SUFFICIENC
VILLAGE A Y
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into thise Y of May, by
da 2008, and between
the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and FIELDING NAIR
INTERNATIONAL, LLC, a State of Minnesota limited liability corporation which is authorized to
do business in the State of Florida (the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform for the VILLAGE certain
professional municipal charter school study services (the "Specified Services"), which are within
CONSULTANT'S expertise, as specifically described in the CONSULTANT'S proposal (the "
Proposal") , including the clarifying letter of March 14th, 2008 . A copy of the Proposal is
attached hereto and incorporated herein as Exhibit "A". The CONSULTANT shall enlist the firm
of Edvisions (the "OVERVIEW SUBCONSULTANT ") to perform the overview of the Florida
charter school system as described in Category Five of Exhibit "A". The CONSULTANT shall
enlist the firm of In Rem Solutions, Inc. (the "APPLICATION SUBCONSULTANT") to provide
services relating to preparation, coordination, and composition of a charter school application as
described by the Scope of Services supplied by In Rem, a copy of which is attached hereto and
incorporated herein as "Exhibit B", in the event that the VILLAGE decides to go forward with a
charter school application. The CONSULTANT, supported by the OVERVIEW
SUBCONSULTANT and APPLICATION SUBCONSULTANT, wants to provide such Specified
Services as described in the Proposal and in this Agreement .
In consideration of the mutual covenants set forth in this Agreement, the parties agree
as follows:
1. SCOPE OF SERVICES
A. CONSULTANT agrees to perform the Specified Services upon written request from the
Village Manager.
B. CONSULTANT shall utilize the OVERVIEW SUBCONSULTANT to perform the
overview of the Florida charter school system as a part of the Specified Services, and more
specifically those described in Category Five of Exhibit "A". No surcharge or mark-up shall be
applied to OVERVIEW SUBCONSULTANT'S fees.
C. CONSULTANT shall utilize the APPLICATION SUBCONSULTANT to provide
services relating to preparation, coordination, and composition of a charter school application as a
part of the Specified Services, and more specifically those described in Exhibit "B", "Scope of
Services — In Rem," solely in the event that the VILLAGE decides to proceed with the charter
school application process. CONSULTANT shall only utilize APPLICATION
SUBCONSULTANT's services with the written approval of the Village Manager. No surcharge or
mark-up shall be applied to APPLICATION SUBCONSULTANT'S fees.
D. CONSULTANT shall expend all necessary efforts to competently and professionally
complete all tasks in accordance with a schedule to be approved by the Village Manager.
E. CONSULTANT shall perform additional services beyond the Specified Services, but
within its expertise, if requested in writing by the Village Manager, at compensation which is first
mutually agreed to in writing and is supported by Village budget appropriations and is within the
Village Manger's authority.
2. FEES FOR SERVICES
A. As full compensation for satisfactory performance of the Specified Services, the
CONSULTANT agrees to charge and shall be paid by the VILLAGE in accordance with the fee
schedule listed on the first page of Exhibit "A", for a total fee not to exceed One Hundred Twenty -
Four Thousand ($124,000.00) Dollars. That total sum consists of a total fee for OVERVIEW
SUBCONSULTANT of Thirty Two Thousand ($32,000) Dollars and a total fee for
CONSULTANT of Seventy Two Thousand ($72,000) Dollars, as well as the Twenty Thousand
($20,000) Dollar, not -to -exceed fee for APPLICATION SUBCONSULTANT as described in and
subject to the conditions of subsection B of this Section 2. Fees for CONSULTANT shall be paid
in arrears each month, pursuant to monthly invoice, based upon the percentage of work
satisfactorily completed for each task invoiced. Invoices shall be promptly processed for payment
pursuant to the Florida Prompt Payment Act.
B. VILLAGE shall pay CONSULTANT in order to utilize the services of
APPLICATION SUBCONSULTANT, solely in the event that the VILLAGE decides to go
forward with the charter school application process, in accordance with the fee schedule set forth
in the document titled "Fees — In Rem," a copy of which is attached hereto and incorporated herein
as Exhibit "C", for a total fee not to exceed Twenty Thousand ($20,000) Dollars. Fees for
APPLICATION SUBCONSULTANT will be paid in arrears each month, pursuant to monthly
invoice, and shall be based upon the amount of time which is reasonably expended to complete
the Charter Application by APPLICATION SUBCONSULTANT at a rate of $125/hour , up to
the fee limitation for such work . Additional time reasonably and necessarily expended by
CONSULTANT to directly coordinate the work of APPLICATION SUBCONSULTANT shall
be billed at $275/hour for Principals and $175/hour for others, subject to the prior written
approval of the Village Manager. Invoices shall be promptly processed for payment pursuant to
the Florida Prompt Payment Act.
C. VILLAGE shall reimburse CONSULTANT for its direct and reasonable expenses
for document production and reproduction, postage, long distance telephone charges, photographic
services, authorized travel and other cost items which are first approved in writing by the Village
Manager.
3. TERM
The duration of the term of this Agreement shall commence upon execution hereof and
shall expire upon completion of the performance of the Specified Services, unless extended by the
Village Manager or earlier terminated pursuant to paragraph 8.
4. RECORDS
All details, guidelines, reports, work papers and other documents and plans that result from
the CONSULTANT (and/or OVERVIEW SUBCONSULTANT and/or APPLICATION
SUBCONSULTANT) providing Specified Services or any additional services hereunder shall be
the property of the VILLAGE. Upon termination of this Agreement or upon request of the
VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the
VILLAGE by the CONSULTANT. All work products shall be provided to VILLAGE in paper and
digital.
5. INSURANCE
A. The CONSULTANT shall at all times carry comprehensive general liability and
contractual liability insurance, workers' compensation insurance (if applicable), and automotive
liability insurance, with minimum policy limits for each coverage in the amount of at least Five
Hundred Thousand ($500,000.00) Dollars per occurrence, combined single limit, for property
damage and bodily injury, including death, except that the dollar amount of workers compensation
coverage shall be as provided by Chapter 440, Fla. Stat. The VILLAGE shall be named as an
additional insured on all of the above insurance policies, to the extent permitted by law. Each
insurance policy shall state that it is not subject to cancellation or reduction in coverage without
written notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of
coverage. Consultant shall require OVERVIEW SUBCONSULTANT and APPLICATION
SUBCONSULTANT to likewise comply with this provision.
B. CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful
conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the
performance of the Agreement.
6. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT. CONSULTANT is
authorized to utilize its subconsultants, if any, as identified in the Proposal, with the exception of
APPLICATION CONSULTANT, whose use requires written approval of the VILLAGE.
7. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by the VILLAGE upon thirty (30) days advance written
notice with or without cause and by the CONSULTANT upon sixty (60) days advance written
notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in
accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of
termination.
9. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to
perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole
and absolute discretion.
10. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties. The
Village Manager shall act for VILLAGE hereunder, subject to budgetary limitations.
11. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws necessary to perform the Specified Services for
VILLAGE as an independent contractor of the VILLAGE.
12. NOTICES
All notices and communications to the VILLAGE or CONSULTANT shall be in writing
and shall be deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices shall be
addressed as follows:
VILLAGE: Genaro "Chip" Iglesias
Village Manager
-6-
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
With a copy to:
CONSULTANT:
Village Attorney
c/o Weiss Serota Helfman Pastoriza Cole & Boniske,
P.A.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Prakash Nair
Fielding Nair International
16605 Windsor Park Drive
Lutz, FL 33549
13. GOVERNING LAW; LITIGATION
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in Miami -Dade County, Florida. The parties voluntarily
waive the right to any trial by jury in any litigation hereunder between the parties.
14. MISCELLANEOUS
A. CONSULTANT represents and warrants to the VILLAGE that CONSULTANT
does not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with CONSULTANT's performance under this Agreement on account of race, color,
sex, religion, age, handicap, marital status, sexual preference or sexual orientation, or national
origin. CONSULTANT further covenants that no otherwise qualified individual shall, solely by
reason of his or her race, color, sex, religion, age, handicap, marital status, sexual preference or
sexual orientation, or national origin, be excluded from participation in, be denied services, or be
subject to discrimination under any provision of this Agreement.
B. CONSULTANT is reminded and hereby recognizes that all work under this
Agreement must comply with any applicable county, state and federal regulations. Any mandatory
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clauses which are required by such county, state or federal regulations shall be deemed to be
incorporated herein immediately upon VILLAGE's written request.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
CONSULTANT:
FIELDING NAIR INTERNATIONAL
16605 Windsor Park Drive
Lutz, FL 33549
By: /1/6t)6)h Noll (
Name: pgAkk51{ NIA -10..._
Title: KESiD EMT
VILLAGE:
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Biscayne, FL 33149
Approved as to Fo
Village Attorney
Approved pursuant to Council R
d Legal Sufficiency:
tion N . •C'l�
March 14, 2008
Architects and Change
Agents for Education
Tampa Office
16605 Windsor Park Drive
Lutz, FL 33549
USA
Tel: 718.520.7318
Fax: 813.909.2509
Mobile: 917.406.3120
Contact: Prakash Nair
Prakash@FieldingNair.com
Minneapolis Office
4937 Morgan Ave. South
Minneapolis, MN 55419
USA
Tel: 612-925-6897
Fax: 612-922-6631
Mobile: 612-735-1221
Contact: Randall Fielding
Randy@FieldingNair.com
Madison Office
1115 Oak Way
Madison, WI 53705
USA
Tel: (608) 231-6141
Mobile (608) 698-6141
Contact: Jeffrey Lackney
Jeff@FieldingNair.com
Melbourne Office
6/570 Riversdale Rd
Camberwell, Victoria
Australia
Tel: + 61 3 9882 3126
Mobile: +61 4 1448 8571
Contact: Annalise Gehling
Annalise@FieldingNair.com
Websites
FieldingNair.corn
DesignShare.com
Office of the Village Clerk
Conchita H. Alvarez, CMC, Village Clerk
88 W. McIntyre Street
Key Biscayne, FL 33149
Re: Municipal Charter School
Response to Request for Proposals FEE CLARIFICATION
Dear Ms. Alvarez:
This is to clarify that all work listed under Categories 1, 2, 3, 4 and 6 of
Section 9 (proposed schedule and flow/time chart) of this proposal will
be delivered by Fielding Nair International for $72,000. Our fee proposal
refers to these services generally as "Phase One".
Work listed under Category 5 of Section 9 (proposed schedule and
flow/time chart) of this proposal will be delivered by our national
Charter Schools Experts EdVisions for $32,000. Our fee proposal refers to
these services generally as "Phase Two".
Please call either one of us if you need further clarifications. Thank you.
Sincerely,
Randall Fielding, AIA
Chairman
Prakash Nair, REFP
President
EXHIBIT "A"
Key Biscayne Charter School
Fielding Nair International, LLC
EDUCATIONAL FACILITIES PLANNING AND CHARTER SCHOOL CONSULTING SERVICES ��
Proposed Schedule and Time Chart
Item
CATEGORY AND TASKS
End of
Week 3
End of
Week 6
End of
Week 10
DESCRIPTION OF SERVICE
ONE
VISIONING
1.0
Best Practices Presentation
X
Global best practice discussion. Analysis of related case studied
from around the nation and the world. Purpose to Inspire,
Inform and Involve Stakeholders
1.1
Visioning Workshop
X
Getting stakeholders on the same page and united behind a
shared vision for the school. The shared vision will become a
reference for key future planning and design decisions
1.2
Development Options
X
This high-level exercise will take designated school stakeholders
through the various development possibilities for preferred sites.
1.3
Change Management Workshop
X
This workshop looks at the potential school campus within the
overall context of its organizational and management setting.
We will look at aspects such as Desired Student Outcomes,
School Learning Principles, Curriculum, Staff Development and
Scheduling
1.4
Site Walk
X
This session will allow FNI principals and designated school
stakeholders to gauge the opportunities and constraints of the
available sites and see what works and what does not. It will
also help in the preparation of a photographic essay of the
potential sites and surrounding areas
TWO
EDUCATIONAL FACILITY
PLANNING
2 1
Site Opportunities and Constraints
Evaluation
X
This document will list site opportunities and constraints that
need to be considered in the development of the new school
2.2
30 Strategies Survey
X
This is a survey of the educational leadership in the community
about 30 established educational strategies to determine the
extent to which they wish to push the envelope of educational
change in the new charter school
2.3
Treasure Card Survey
X
This is a survey that looks at the overall community of Key
Biscayne to identify potential learning resources that students at
the charter school can tap to augment the education experience
Fielding Nair International • Services Matrix and Schedule for Key Biscayne Charter School Page 1
2.4
Blink Exercise
X
This exercise is geared to understanding, at a very personal
level, the extent to which school stakeholders are willing to be
innovative in the development of the new school
2.5
Signature Workshop
X
This will enable the planning team to understand the ethos of
the community which will provide guidance for how best to
represent the school signature architecturally
2.6
Programming
X
This will provide a detailed list of spaces with related sizes
2.7
Planning & Programming Report
X
The results of the Educational Planning work will be captured in
the form of a Planning and Programming Workbook
THREE
PLANNING SERVICES
3.1
Design Patterns Workshop
X
This exercise will develop the spatial literacy of the school
stakeholders and enable them to become active partners in the
school design process. FNI's Language of School Design will be
used as a basis for this workshop
3.2
Conceptual Site Use Diagram
X
Based on the site walk and site evaluation exercise (items 1.4
and 2.1), FNI will develop a desired site use diagram
3.3
Conceptual Floor Plans
X
FNI will develop sketch concept design plans that illustrate the
educational vision of the school stakeholders
FOUR
EDUCATIONAL FACILITY
ASSESSMENT
4.1
Prepare EFEI template for the
Proposed School
X
Utilizing the results of the site survey and photo essay, prepare
a benchmark EFEI template for the proposed school campus.
4.2
Utilize Customized EFEI During
Planning and Concept Design
X
By utilizing the EFEI we can be certain that important client
priorities remain front and center throughout the process and
that none of the key requirements falls between the cracks.
Changes, if needed, can be made in a timely fashion before they
become expensive and time-consuming fixes later.
FIVE
CHARTER SCHOOL STUDY
5.1
Overview of Municipal Charter
School and the Municipal Co-
Sponsor Models
X
Advantages/Disadvantages; org structure; start-up costs to drive
application phase; source of funds; Operating costs
5.2
Overview of Top Municipal Charter
Schools and Small Academies in
Florida
X
Feeder pattern; small charters and academies; small learning
community model
5.3
Operational and Financial
Requirements for Facilities
X
Operating revenue and expense projections; availability of
capital outlay funds; additional sources of funds; employee
salaries and benefits; Review Key Biscayne student demographic
data
Fielding Nair International • Services Matrix and Schedule for Key Biscayne Charter School Page 2
5.4
Overview of the Municipal Charter
School Process in Florida
X
Application process; Role of Governing board; Transition plans
for grades 9-12; Attendance zones; Transportation; Food
services; Insurance and indemnification; Interscholastic
extracurricular activities; accountability requirements;
certification requirements; employees; responsibility of the
sponsor and school district; grant opportunities; school
operating models
SIX
CURRICULUM ASSESSMENT
6.1
Curriculum Assessment &
Recommendations
X
Curriculum Specialist Dr. Jon Wiles will assess the Charter School
curriculum needs and provide recommendations
Above timetables only reflect time that FNI and its sub -consultants will need to complete the work noted. They do not take into
account time that the Village of Key Biscayne may need to review FNI submittals, set up required meetings with designated
representatives and secure needed approvals for FNI to proceed with the work.
Fielding Nair International • Services Matrix and Schedule for Key Biscayne Charter School Page 3
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EXHIBIT "B"
Fees — In Rem
1
Fees for Services
In Rem Solutions proposes the following contract services:
Phase I:
Prepare Charter Applications:
1. Creation of a preliminary timeline;
2. Management of the charter application process, including
oversight of charter application and authors, as appropriate;
3. Inform Village of requirements of charter applications;
4. Inform Village of charter deadlines;
5. Identify information needed for charter applications;
6. Coordinate the collection of data and documents for charter
applications;
7. Coordinate with Village's educational specialists regarding
curriculum for the charter school;
8. Coordinate with Village's financial specialists regarding income
and expenses of the charter school;
9. Coordinate with Village's school operations specialists
regarding the physical plant of the school;
10. Coordinate with Village's school experts on all other matters
related to the charter school to complete the charter application
including, but not limited to, disciplinary plans, emergency plans
and school handbooks;
11. Management of preparation of any facility plans (if applicable);
12. Write and file charter applications in coordination with Village;
13. Other services as outlined in the RFP and as required by the
Village.
The above services as well as any others needed to complete the
Charter Application shall be billed at $125/hour. Additional time
expended by FNI to coordinate the work of In Rem Solutions shall be
billed at $275/hour for Principals and $175/hour for others.
We recommend that the Village establish a not -to -exceed budget of
$20,000 for the above work. The actual amounts that will be
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expended by the Village of Key Biscayne will depend upon how much
of the work needed to file the Charter School Application will be done
by designated representatives of the Village. Needless to say, the
more work that the Village does and the more it uses the consultants
as experts rather than in a clerical or administrative capacity, the less
the overall cost of these services will be.
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