HomeMy Public PortalAbout2008-32 IBI Group AgreementRESOLUTION NO. 2008-32
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
AGREEMENT FOR OPEN SPACE PLANNING SERVICES
BETWEEN IBI GROUP, INC., 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 Open Space Planning Program, the Village Council of the Village of Key Biscayne desires to
utilize the work and services of IBI Group, Inc. (the "Consultant"), an experienced open space
planner, to review current open space policies and create and implement the Village's open space
plan for Village properties; and
WHEREAS, the Village Council allocated funds in the FY08 Capital Outlay Budget for this
project under "Master Plan Initiatives"; and
WHEREAS, the Village Council finds that the approval of the Agreement for Open Space
Planning 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 "Master Plan Initiatives" 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 8th day of July, 2008.
ONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO F • RM AND LEGAL SUFFICIE
VILLAGE ATT
MAYOR ROBERT L. VERNON
EXHIBIT "A"
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 8th day of July, 2008, by and between the
VILLAGE OF KEY BISCAYNE (the "VILLAGE") and IBI GROUP, INC., a Florida 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 open space planning services (the "Specified Services"), which are within
CONSULTANT'S expertise, as specifically described in the attached Scope of Services Contract
Proposal (the "Proposal"), a copy of which Proposal is attached hereto and incorporated herein as
Exhibit "A". The CONSULTANT wants to provide such Specified Services as described in the
Proposal.
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 expend all necessary efforts to competently and professionally
complete all tasks in accordance with a schedule to be approved by the Village Manager.
C. CONSULTANT shall perform additional services beyond the Specified Services, but
within its expertise, if requested by the Village Manager, at compensation which is first mutually
agreed to in writing.
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 which is attached hereto and incorporated herein as Exhibit "B", for a total fee not to
exceed Fifty Eight Thousand Three Hundred Fifty -Four ($58,354.00) Dollars. Fees shall be paid
in arrears each month, pursuant to monthly invoice, based upon the percentage of work completed
for each task invoiced. Invoices shall be promptly processed for payment pursuant to the Florida
Prompt Payment Act.
B. Except for those costs which are already included in the fee as noted in Exhibit "B",
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 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 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.
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.
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
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.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, FL 33134
Philip Beinhaker
IBI Group, Inc.
12008 S. South Shore Boulevard
Suite 207
Wellington, FL 33414
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
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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
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:
IBI GROUP, INC.
12008 S. South Shore Boulevard
Suite 207
Wellington, FL 33414
By:
Name: Scott E. Stewart
Title: Managing Director
VILLAGE:
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Bisgayne, FL 33149
By:
enaro "Chip" Igl . i
illage M . : ger
•
/ate'?
Village Clerk
Approved as to Fo d Legal Sufficiency:
Village Atto ey
Approved pursuant to Coun ' :.lution No. 3,ette, c,2
Exhibit,: Scope of Services
A. Scope of Services
TASK 1.0 - Project Organization I Review and Synthesis of Park and Open Space Policies
1.1 Project Kickoff Meeting: IBI will meet with Village staff to develop a final scope of services for the project. In
addition, IBI and Village staff will refine and finalize the project time line and schedule, method for public
involvement and agency meetings, locations of meetings, methods of public meeting advertisement among other
topics.
1.2 Existing Data, Base Maps and Graphic Exhibits- IBI shall create and submit base maps for Village review of
the 530 Crandon Boulevard site using existing aerials; maps of existing GIS/Cad information (as supplied by the
Village) and supplemented with field observations.
Products/Deliverables:
• Final scope of services with final project schedule - via email
• Public involvement process, scheduling and venue including meeting list with participants, location, time, and
agenda - via email
• 530 Crandon base map/graphic exhibit development - via email
TASK 2.0 - Parks and Open Space White Paper
2.1 Draft Parks and Open Space White Paper - The Village will provide graphic maps of the overall inventory of
Parks and Open Space to IBI. IBI shall review park and open space policies of the Village of Key Biscayne as
provided by the Village. The policies include but are not limited to:
• Village of Key Biscayne Comprehensive Plan
• 2020 Vision Plan
• Current EAR
• Leisure Visions Community Center Needs Assessment
Based on this data, IBI shall develop a menu of options to meet the Village's needs for parks and open space for
per the requirements of the EAR. IBI's review shall also consist of - but not limited to - the Village's existing CIP;
upcoming County projects, State projects and other public works projects that may facilitate the implementation of
the program.
IBI Group — Scope of Services Page 1 of 7
2.2 White Paper Submittal — IBI shall submit the White Paper via email to the Village for review and comment.
2.3 Final Policy White Paper — IBI shall revise the document per the Village's comments and submit to the Village
for approval.
Products/Deliverables:
• Preliminary White Paper — via email
• Final White Paper— via email
TASK 3.0 — Public Participation I Facilitation
3.1 Public Involvement Program — IBI shall conduct the following meetings with concerned stakeholders:
• Focus Group 1 Stakeholder meetings with special interest groups (to be determined)
• One-on-one meetings with elected officials
• interviews with Village staff
• Public workshop/forum to discuss White Paper conclusions
The Village is responsible for the following:
• Identification of stakeholder groups
• Scheduling of groups 1 meeting rooms
IBI shall submit written meeting minutes to the Village summarizing the outcomes of the focus group meetings,
one-on-one meetings and interviews with Staff.
3.2 Charrette Preparation — IBI shall design a postcard mailer to advertise the proposed charrette. The Village shall
mail and distribute the postcard to potential attendees. IBI shall also create posters advertising the charrette and
submit to the Village for distribution.
Other advertisements/media to be included by the Village include the Village's web site, advertisements in local
newspapers and on the electronic message board. IBI shall provide digital artwork to the Village for easy
conversion and use for these advertisements. Advertisements shall commence a minimum of two weeks prior to
the event.
3.3 Charrette Facilitation - IBI will facilitate one (1) public workshop within the Village of Key Biscayne to seek input
1BI Group - Scope of Services Page 2 of 7
and obtain general consensus on park and open space implementation strategies, and the potential development
of 530 Crandon Boulevard. The charrette is designed to prioritize projects and implementation strategies. The
workshop shall be a highly structured event, and shall have the following components:
• Overview of the project — IBI will create an electronic presentation using still photographs and video to
provide participants with the background information necessary to understand the nature of the charrette;
• Presentation of Park and Open Space Implementation Options
• Visual 'virtual' tour of the 530 Crandon Boulevard site, including the context of the Civic Center;
• Visual preference survey of site development opportunities;
• Small group sessions to develop program suggestions
Products / Deliverables:
• Meeting minutes of interviews /meetings via email
• Charrette advertisement postcards — via email
• Digital files for use on Village web site and newspaper ads to advertise the charrette — via email
• Public charrette summary memorandum — via email
TASK 4.0 — 530 Crandon Boulevard Development Options
4.1 Site Development Program — IBI shall submit a written site development program to the Village for approval.
This program shall be based on the results of the public charrette and input during the public involvement
program.
4.2 Preliminary Conceptual Site Plans - IBI shall prepare conceptual site plan alternatives which will identify
proposed primary recreation activity zones such as: pedestrian and vehicular circulation, parking, drainage,
landscaping, restrooms, and / or other elements outlined in the proposed program for the development of the 530
Crandon site based on the approved site development program. The conceptual site plan alternatives shall be
rendered in a color graphic format.
4.3 Review Meetings - IBI shall meet with the Village staff to discuss the conceptual plan. During these meetings, the
plans shall be evaluated and critiqued by all parties.
4.4 Final Conceptual Site Plans - Based upon the comments and concerns, IBI shall refine and revise the concepts
and submit to the Village for final staff approval and preparation of presentation materials for Task 5.
Products/Deliverables:
181 Group - Scope of Services Page 3 of 7
" P r e l i m i n a r y C o n c e p t u a l R e n d e r e d S i t e P l a n s o n e c o l o r c o p y e a c h p r i n t e d p l u s e m a i l e d e l e c t r o n i c
v e r s i o n
" S i t e D e v e l o p m e n t P r o g r a m m e m o r a n d u m v i a e m a i l
" F i n a l C o n c e p t u a l R e n d e r e d S i t e P l a n s o n e c o l o r c o p y e a c h p r i n t e d p l u s e m a i l e d e l e c t r o n i c v e r s i o n
T A S K 5 . 0 S u m m a r y R e p o r t
5 . 1 S u m m a r y R e p o r t B a s e d o n c o m m e n t s a n d i n p u t f r o m V i l l a g e S t a f f o n t h e W h i t e P a p e r , t h e r e s u l t s o f t h e p u b l i c
c h a r r e t t e a n d S t a f f c o m m e n t s o n t h e C o n c e p t u a l S i t e P l a n s , I B I s h a l l d e v e l o p a n d s u b m i t a S u m m a r y R e p o r t
i n c l u d i n g a c o n c e p t u a l d e v e l o p m e n t p l a n f o r 5 3 0 C r a n d o n B o u l e v a r d s i t e .
5 . 2 R e p o r t R e v i s i o n s I B I s h a l l r e v i s e t h e S u m m a r y R e p o r t d o c u m e n t o n e t i m e p e r w r i t t e n c o m m e n t s . I B I s h a l l t h e n
p r i n t t h e f i n a l S u m m a r y R e p o r t a n d s u b m i t t o t h e V i l l a g e f o r d i s t r i b u t i o n .
P r o d u c t s / D e l i v e r a b l e s :
" D r a f t S u m m a r y R e p o r t ( v i a e m a i l )
" R e v i s e d S u m m a r y R e p o r t 1 0 p r i n t e d h a r d c o p i e s
T A S K 6 . 0 P r e s e n t a t i o n s
6 . 1 P r e s e n t a t i o n s I B I s h a l l p r e s e n t t h e c o n t e n t s o f t h e S u m m a r y R e p o r t i n a P o w e r p o i n t f o r m a t a t o n e ( 1 ) C o u n c i l
w o r k s h o p a n d o n e ( 1 ) p r e s e n t a t i o n t o t h e V i l l a g e C o u n c i l .
P r o d u c t s / D e l i v e r a b l e s
" P r e s e n t a t i o n s t o V i l l a g e C o u n c i l
T A S K 7 . 0 A d d i t i o n a l S e r v i c e s
7 A d d i t i o n a l S e r v i c e s I B I s h a l l p e r f o r m a d d i t i o n a l s e r v i c e s f o r t h e V i l l a g e o n l y a s d i r e c t e d b y s t a f f i n w r i t i n g .
A d d i t i o n a l s e r v i c e s m a y i n c l u d e b u t a r e n o t l i m i t e d t o :
" A d d i t i o n a l m a s t e r p l a n s
" A d d i t i o n a l m e e t i n g s
" C o n s t r u c t i o n d o c u m e n t s
I B I G r o u p S c o p e o f S e r v i c e s P a g e 4 o f 7
EXHIBIT "B"
B. Compensation — Complete Scope
IBI shall invoice the Village monthly on a percentage of completion basis. Direct expenses are included in the fees
outlined below.
Task 1— Project Organization $5,660
Task 2 — Policy White Paper $7,833
Task 3 — Public Participation $19,404
Task 4 — Development Options $15,236
Task 5 — Summary Report $6,568
Task 6 — Presentations $3,654
Total Tasks 1.6 $58,354
The fee for Task 7, Additional Services, shall be billed using the attached Hourly Rate Schedule or as an agreed
upon fixed fee as authorized by the Client.
1BI Group — Scope of Services Page 5 of 7
B. Compensation — 530 Crandon Site Only
IBI shall invoice the Village monthly on a percentage of completion basis. Direct expenses are included in the fees
outlined below.
Task 1— Project Organization $5,654
Task 2 — Policy White Paper $0
Task 3 — Public Participation $14,049
Task 4 — Development Options $15,971
Task 5 — Summary Report $0
Task 6 — Presentations $6,983
Total Tasks 1-6 $42,656
The fee for Task 7, Additional Services, shall be billed using the attached Hourly Rate Schedule or as an agreed
upon fixed fee as authorized by the Client.
IBI Group — Scope of Services Page 6 of 7
B. Compensation — Planning Only
IBI shall invoice the Village monthly on a percentage of completion basis. Direct expenses are included in the fees
outlined below.
Task 1— Project Organization $1,607
Task 2 — Policy White Paper $7,833
Task 3 — Public Participation $3,670
Task 4 — Development Options $0
Task 5 — Summary Report $2,536
Task 6 — Presentations $3,654
Total Tasks 1-6 $19,299
The fee for Task 7, Additional Services, shall be billed using the attached Hourly Rate Schedule or as an agreed
upon fixed fee as authorized by the Client.
IBI Group — Scope of Services Page 7 of 7