HomeMy Public PortalAbout1992 Master Plan Consultant.tifRESOLUTION NO.
-49
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH ROBERT K. SWARTHOUT,
INCORPORATED, TO PREPARE A COMPREHENSIVE PLAN
FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA.
BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, as follows,
SECTION 1. The Mayor is hereby authorized to enter into an
agreement, copy annexed, with Robert K. Swarthout, Incorporated,
400 South Dixie Highway, Suite 121, Boca Raton, Florida 33432-6023,
to prepare a comprehensive plan for the Village of Key Biscayne,
Florida, pursuant to the regulations and requirements stipulated in
Florida Statutes Chapters 163, Florida Administrative Code Chapter
9J-5 and all other applicable laws and regulations.
SECTION 2. Costs associated with the services of preparing
The Comprehensive Plan shall be charged against Master Plan 600318,
1992 - 1993 Annual Budget.
SECTION 3. This resolution shall take effect immediately upon
its adoption.
PASSED AND ADOPTED THIS 29th DAY OF SEPTEMBER, 1992.
Rafael H. Conte, Mayor
ATTEST:
Village Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
Ric and J. Weiss, Village Attorney
AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND
PLANNING CONSULTANT FOR PROFESSIONAL SERVICES
THIS AGREEMENT entered into this day of , 1992 by and
between the VILLAGE OF KEY BISCAYNE, a Florida municipal
corporation, hereinafter referred to as "VILLAGE" and ROBERT K.
SWARTHOUT, INCORPORATED, a Florida corporation, with its principal
place of business located at 400 South Dixie Highway, Suite 121, Boca Raton,
Florida 33432, hereinafter referred to as "PLANNING CONSULTANT."
WITNESSETH:
WHEREAS, VILLAGE desires to retain the services of a planning
consultant to prepare a comprehensive plan in accordance with Chapter
163, Florida Statutes, a/k/a Florida's Growth Management Act, the Florida
Administrative Code, and all acceptable professional planning practices
and ethical standards; and
WHEREAS, the PLANNING CONSULTANT desires to provide such
professional services in accordance with the Comprehensive Plan Work
Program as prepared by Robert K. Swarthout, Incorporated, the terms and
conditions of which are incorporated by reference;
NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants and agreements herein
contained, it is hereby agreed by and between the parties as follows:
1. PLANNING CONSULTANT agrees to provide professional and
technical services as required under this Agreement in accordance
with the Comprehensive Plan Work Program as prepared by Robert K.
Swarthout, Incorporated and attached hereto as Exhibit A, all relevant
portions of both Chapter 163, Florida Statutes, a/k/a Florida's Growth
Management Act and the Florida Administrative Code, and all
acceptable professional planning practices and ethical standards.
PLANNING CONSULTANT further agrees to include in the scope of
services responses to all State Department of Community Affairs
comments to the submitted plan.
2. All original sketches, tracings, drawings, computations, details,
design calculations and other documents and plans that result from
planning services related to this Agreement shall become the property
of the VILLAGE. Upon termination of this Agreement or upon request
of the VILLAGE any and all such documents shall be delivered to the
VILLAGE by the PLANNING CONSULTANT.
Agreement
Page 1
10-2-92
3. Upon execution of this Agreement, and prior to the start of any work,
PLANNING CONSULTANT agrees to furnish the VILLAGE with the
following insurance coverage for the period of time that consulting
services are provided to the VILLAGE and for three (3) years
thereafter:
A. Workers' Compensation insurance covering all employees, with
limits meeting all applicable state and federal laws;
B. Employers' Liability insurance, with limits meeting all applicable
state and federal laws;
C. Comprehensive General Liability insurance providing coverage
for death, personal injury or property damage that could arise
directly or indirectly from the performance of consulting services
for the VILLAGE. The insurance coverage provides minimum
limits of $500,000 per occurrence, combined single limit for bodily
injury liability and property damage liability, and includes the
following endorsements:
premises and operations;
independent contractors;
products and completed operations; and
contractual liability
D. Professional planning liability coverage in the amount of $250,000.
E. Non -owned and hired automobile coverage.
F. All policies shall provide for the VILLAGE as a named insured
and contain a provision that the insurance policy is not cancelable
without written notice to the VILLAGE thirty (30) days prior to the
effective date of said cancellation.
G. All coverages are with a company rated not less than A-7.
4. In exchange for services rendered pursuant to this Agreement, the
VILLAGE shall pay PLANNING CONSULTANT based on time, direct
expenses and professional liability costs for a guaranteed maximum
fee of $110,000. The hourly schedule of fees shall be as follows:
Senior Planners $110.00 per hour
Associate Planners $70.00 per hour
Graphics $45.00 per hour
Word processing $45.00 per hour
Payments shall be made based on monthly vouchers submitted by the
PLANNING CONSULTANT and subject to the approval of the
VILLAGE. If work is undertaken, then ten (10) percent of each
Agreement
Page 2
10-2-92
monthly voucher shall be withheld until the plan has received
approval from the Florida Department of Community Affairs or until
the VILLAGE purposely elects to pursue a goal, objective and policy
option which is not approved by the Department of Community Affairs.
5. Notwithstanding paragraph 4 above, in the event the schedule is
adjusted by either the VILLAGE or the PLANNING CONSULTANT
whereby the services are provided on a more extended time frame, the
remaining outstanding payments shall be adjusted downward on a
pro -rated monthly basis. In any event, final payment shall be made in
accord with the above paragraph.
6. PLANNING CONSULTANT shall be deemed to be an independent
contractor and not an agent or employee of the VILLAGE.
7. This Agreement constitutes the entire Agreement between the parties.
Any amendments hereto or changes connected herewith must be
made in writing and signed by PLANNING CONSULTANT and
VILLAGE.
8. PLANNING CONSULTANT agrees that it now complies, and during
the term of this Agreement will comply, with all State and Federal
regulations pertaining to unlawful employment practices and in
particular Section 760.10, Florida Statutes, and shall not (1) discharge
or fail to or refuse to hire any individual, or otherwise discriminate
against any individual with respect to compensation, terms,
conditions, or privileges of employment because of such individual's
race, color, religion, sex, national origin, age, handicap or marital
status; (2) limit, segregate or classify employees or applicants for
employment opportunities, or adversely affect any individual's status
as an employee, because of such individual's race, color, religion, sex,
national origin, age, handicap or marital status.
9. PLANNING CONSULTANT agrees to indemnify and hold the
VILLAGE harmless from any and all claims, suits, actions, damages
or causes of action arising during the term of this Agreement,
including reasonable attorney's fees for any personal injury, loss of
life, or damage to person or property sustained by reason of or as a
result of the acts or negligence of PLANNING CONSULTANT, its
agents or employees as related to this Agreement.
10. This Agreement is entered into subject to the provisions of the Charter
and Code of Ordinances of the Village of Key Biscayne and applicable
Federal, State and County laws, rules and regulations, all of which are
incorporated herein by reference.
11. PLANNING CONSULTANT assumes full responsibility for having
familiarized itself with the nature and extent of the above laws.
Agreement
Page 3
10-2-92
12. If PLANNING CONSULTANT shall be adjudged to disregard laws or
ordinances, or is otherwise guilty of any substantial violation of any
provision of the Agreement, the VILLAGE may terminate this
Agreement without prejudice to any other right or remedy of the
VILLAGE. The VILLAGE may also terminate this Agreement for its
own convenience; it shall provide seven (7) days notice in writing
registered mail and shall be liable for all fees incurred prior to
termination.
13. Should PLANNING CONSULTANT fail to perform any of the
provisions set forth herein, said breach shall constitute a default under
this Agreement.
14. In no event shall the fees paid to the PLANNING CONSULTANT
under this Agreement exceed $110,000.
15. This Agreement shall not be assignable by the PLANNING
CONSULTANT.
16. The PLANNING CONSULTANT warrants that it has not employed or
retained any company or person, other than a bona fide employee
working solely for the PLANNING 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 PLANNING CONSULTANT any
fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this
Agreement.
17. All notices and communications to the VILLAGE 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. Notice shall be
addressed as follows:
Village:
With a copy to:
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive, Suite 204
Miami, Florida 33133
Agreement
Page 4
10-2-92
Consultant: Robert K. Swarthout, AICP
Robert K. Swarthout, Incorporated
400 South Dixie Highway, Suite 121
Boca Raton, Florida 33432-6023
18. This Agreement shall be construed in accordance with the laws of the
State of Florida. Venue for any actions shall be in Dade County,
Florida.
19. In connection with any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys fees
and costs.
20. The PLANNING 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 this
Agreement.
IN WITNESS WHEREOF, the VILLAGE OF KEY BISCAYNE and ROBERT
K. SWARTHOUT, INCORPORATED have caused these presents to be
executed in their respective names by the proper officials the day and year
first above written.
ROBERT K. SWARTH/OUT, INC.: WITNESSES:
'4
APPROVED FOR THE
VILLAGE OF KEY BISCAYNE:
Village 11/ ayor
FLO IDA
-- , J rr
(-/
WITNESSES:
Agreement
Page 5
10-2-92
EXHIBIT A
COMPREHENSIVE PLAN WORK PROGRAM
Part I Work
Robert K. Swarthout, Incorporated shall prepare a draft comprehensive
plan for the Village of Key Biscayne. The draft plan shall be designed to
meet the minimum requirements of Rule 9J-5 of the Florida Administrative
Code. It shall be completed within 120 days of authorization to proceed. It
shall be suitable for transmission to the Florida Department of Community
Affairs. After transmission and receipt of the Florida Department of
Community Affairs' Objections, Recommendations and Comments Report
on the draft plan, Robert K. Swarthout, Incorporated will revise the plan in
response thereto. The draft plan shall include the following elements:
1. Future Land Use Element
2. Traffic Circulation Element
3. Housing Element
4. Infrastructure Element
5. Coastal Management and Conservation Element
6. Recreation and Open Space Element
7. Intergovernmental Coordination Element
8. Capital Improvement Element
9. Required Supporting Documents
a. Concurrency Management
b. Monitoring and Evaluation
c. Consistency with State and Regional Plans
Pursuant to preparation of the draft plan and revising it in response to the
Objections, Recommendations and Comments Report of the Department of
Community Affairs, the firm will consult with Village officials at up to four
public meetings.
Agreement
Page 6
10-2-92
Part II Work
Robert K. Swarthout, Incorporated will supplement Part I work with the
following:
1. Citizen participation efforts, including the design and tabulation of a
planning opinion survey, and attendance at an unlimited number of
Local Planning Agency public meetings relating to the plan. The firm
will also prepare relevant press releases for the Village to submit to
local newspapers.
2. Unlimited revisions to plan goals, objectives and policies in order to
ensure the satisfaction of the Local Planning Agency.
3. Complete fulfillment of the work program specifications set forth in
pages B-1 through B-3 of the firm's proposal to the Village.
4. Complete fulfillment of the Full Comprehensive Plan Work Plan in the
manner outlined in Exhibit A of the firm's proposal to the Village, and
complete fulfillment of the Interim Comprehensive Plan Work Plan, if
the Village desires.
5. Development of reasoned comprehensive plan objectives and/or policies
to address all of the issues identified in Exhibit E of the firm's proposal
to the Village. Appropriate graphics and analysis shall be included.
Included in the process of preparing these objectives and policies, the
firm shall develop the following urban design components:
a. Spirit of place landscaping themes for Crandon Boulevard.
b. A Crandon Boulevard corridor plan which shall address both
frontage along Crandon Boulevard and the relationship of
Crandon Boulevard nonresidential development to adjacent
residential development.
c. General appearance and design standards for nonresidential
development.
d. A Village Center concept based on an analysis of at least two
alternative sites.
e. Pedestrian and bicycle circulation concepts, in consultation with
Barton-Aschman.
f. Traffic element including thoroughfare improvement strategies
and traffic management concepts in consultation with Barton-
Aschman.
g.
Access to the Beach and Bay Areas analysis and plans.
Agreement
Page 7
10-2-92
h. Beach renourishment analysis and plans.
i. Ocean and Bay view protection corridor plans.
6. Development of reasoned comprehensive plan objectives and/or policies
to address all of the issues identified on page 42 of the Village's 4/30/92
request for proposal. Appropriate graphics and analysis shall be
included.
7. Preparation of a draft sign code for immediate enactment.
Part II work will enable the firm to guarantee full compliance with the
technical requirements of Rule 9J-5, subject to the limitations indicated on
page B-3 of the firm's proposal to the Village.
Progress Reports
Robert K. Swarthout, Incorporated will provide monthly progress reports
on all work described herein.
Agreement
Page 8
10-2-92
ROnERT `►. SWARTHOUT, INCORPORATED
4))0 :,(ruth llix3k Highway, Suq.e 121
i3r)ca ...:3tori, Fk)rtua 33432-6023
Telephone ' 40) 3'92-5S(:Z.,
305) 437-5600
FAX (107) 392-6F.)e
January 19, 199;3
Mayor lialacl Conte and
Members of the Key Biscayne Council
Village of Key Biscayne
85 West McIntyre Street
Key Blseayne, F 1, rich 33 149
Deaf' Mcy,:r Cont.,:. and Mer ':ers of tJ"le X.ey U1scayn.; Council:
'€':4r the end 1` the December 15 meeting of the LEA, three of the four
merxlbwrs then n present requested that I inquire about the cost of adding a
charr1: tte to the Key Biscayne carnpreh;msive planning. process. ft was
apparent in c=3rntext that the "charret te" wa5 to be card act d by an
ampeci:ied consultant eth,tt titan myself. Because the three members
making the requt.st w'et° the same three who voted for the I uanly /Dover team
in the proses by which I was instead ad seie'::ed as the Key Bist•ayne consulting
planner, I was vez yr sure i. "'aL )•z anv and Dover were the unnamed
amed
ronsulta.nts sI ;,i i tII I was to inquire
:t wa.:, r2'. ' cprjon that chore '•> curd have been more „ot ntial positives than
i1f i'yc:tiY%c to including Duunt: , r Dover in the Key Biscayne planing process.
On the ; ioie, Duany It. a oI rninent are. hitect and developer -town
planner. :Dover Is a Uti,'11L,2111 pruiE k?. Their do :gn theo' ies ,1nd ' charr'ette"
practices are suited to strne urban design projects, Also, I hoped that
including them -would pleas:' that faction that ti e essiy lobbies on their
behalf. (in the negative side, both Dearly and Dever sometimes misapply
their theories eharrette practices to planning situations wEere they are
not at all appropriate In n.1v i nitmi 11d, .rXi e nt, the pcsitives v, ery: likely to
Dumf.:11 h the negatives since I id :n:'t think much harm rnuld come from
their involvement in a stmplementaryv :i)a
:yccordmw,iyr, i wcoie boil Mr. Duan> and Mr Duvcr- each of them to
submit their own charrot.te pr's posy i ^ t;; me I caut_€o; ied that cost might be a
eon:-,ideratbn. Via letter to me, Mr. IJuany declined to be v n`-idered again by
Il 'yt Biscayne. Dover cid not r•:spcnd t'a Irl'v request for a chari';?to proposal.
Ire,=tends hr' sr;}rr..Itted a different proposal. dire tly to Mr's. Simeand
Mayor Rafael Conte anti
Members of the F.,"c, i i ear ne Council
Village of Key i3rscayne
January 1;), Nt33
,gag& 2
Mr Kissinger. For a fee t.C:3154,75C, pl certain other expenses, s, Mr. Dover
offered the following work:
1. C=onceptuali::t and raw the future land use map, called by hint the
i.€;guiating plan. T_hi:a 13 the central coaiponcrat of the comprehensive
plan. The 'Village has contracted with me to prepare it arid I have
ccmplkt ;d about 80 p rr:ent of ii:e work
Prepare e!,-iborate graphics. II'i:e graphics proposed are not, normally
parr of a mprehensi Y e pkm, but I am able to tie them to the 53ame
standards and specif icati, r'i= proroi,ed by Mr. Duvet, or to higher
tandardt;,
Prepare a ac., el:,pinE-nt code. Prcpartition of a development code i a
logical follow --tip TO my comprehensive planning work. l expect to
hold your confidence fcr- that assignment
Dover also prop—os d 7,0, hold a Jiarr-ettc'.
There 14 no possibility the I will cooperate will. Mr. Dover S hold attempt to
insert himself along with his ortt ii ill-founded plC.uu=n ideas as the principal
consulting planner fur Key iii cavr_e. In:,te d, I am prepared to teinonstrzrtc
the foolishness of trying to apply his theorip•s, at least the ;Sncs he has s' 11 -1`-r
art et.aiated, to Key Iiis,cavno. I am prepared to do this in my presentation
this evening.
I have grown very frond of Key 3isv avne and her re3idcnts during my brief
association with the eomniunitti. I intend tc uinples:e the comprehensive
plan without iisciist nce from Mr Dover. I Cype('t to produce the best possible
plan for KL,v Liii-eavne with input fi'om the entire commTiiuruty, not pist a small
coup of adherents to one theory.
It would be my plot.yure tfa 1-irhi 1 o my current +:'.; e o t i'e it e e?ite3a'Jed
citizen participation forums, additional graphics and the preparation of a
development code. a'l under my direction. If"reque,>ted to add these
aAddlti:fuoi services, my fee will be substantially mere responsible than the
ridiculous $154,'7"0 Mr Dover seeks
It wijt:k,' hfr,lp Geop planning `,L:.rk en a oos:tive track if Mr Dver =4 brash
proposal is explicitly rehuf , e i by the LPA this evening. It would also be
helpful if the itid.r, idua. iii Key Biscayne re government reSpon: r hle ,r
instigating Mr Ince wereert2 to be v.goro,LAy 'curage d to
curb such c'.buse . The do not in any way dascit me in my othert ise
M4 or ltafaM Conti= and
Members of the Koy Cou icii
Village of K y 3a„cayi:e
January 13, 1993
['age 3
thcrcugnIy e:2 ayabk wurk .,11 =ie1?a1f of Key 1.1Hcayne, but they 41TE annoying
arid they, are distracting
V.ory truly yours,
ROBERT 1. ;1Wt R 3 HOUT, 1 vC t >F PORATE
RobeTt K art ut, MCP
RKS,tb