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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