98-22649 RESO
RESOLUTION NO. 98-22649
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CARR SMITH CORRADINO, IN THE AMOUNT OF
$61,876, FOR THE DEVELOPMENT OF AN AUTOMATED
CONCURRENCY MANAGEMENT SYSTEM (CMS) FOR THE CITY OF
MIAMI BEACH, PURSUANT TO RFP NP. 127-96/97, AND FUNDED BY
THE PROFESSIONAL SERVICES ACCOUNT OF THE DEVELOPMENT,
DESIGN AND HISTORIC PRESERVATION (DDHP) BUDGET.
WHEREAS, the City has $61,876 in the 1997-98 DDHP Profession Services
Budget, for the development of a Citywide Automated Concurrency Management
System (CMS) ; and
WHEREAS, pursuant to Request for Proposals Number 127-96/97, issued on
August 12, 1997 for the development of the CMS, only one response from
transportation planning consultants was received/opened on September 2, 1997; and
WHEREAS, on November 19, 1997, as recommended by the appointed review
committee, the Mayor and City Commission approved Resolution No. 97-22590,
selected the proposal submitted by Carr Smith Corradino, as a responsive sole
proposal; and
WHEREAS, after negotiations held on January 8, 1998, the City and the
Consultant agreed that a $61,876 plan cost was appropriate, as well as the attached
Professional Services Agreement to develop the CMS.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
herein approve and authorize the Mayor and City Clerk to execute the attached
Professional Services Agreement with Carr Smith Corradino, in the amount of
$61,876, for the development of an Automated Concurrency Management System
(CMS) for the City of Miami Beach, pursuant to RFP No. 127-96/97, and funded by
the Professional Services Account of the DDHP Budget.
PASSED AND ADOPTED this 4th day of February
1998.
ATTEST:
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bW\~
CITY CLERK
JJ
I1Jt
MA YOR
APPRO\~D AS TO
FORM & lANGUAGE
& FOR EXECUTION
1f.~
C. Attorney
~
~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
Itp:\\cLm iam i-beach. fl. us
COMMISSION MEMORANDUM NO.
50-9<6
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: February 4, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A Resoluti n the Mayor and City Commission of the City of Miami
Beach, Florida, Approving and Authorizing the Mayor and City Clerk to
Execute a Professional Services Agreement with Carr Smith Corradino,
in the amount of $61,876, for the Development of an Automated
Concurrency Management System (CMS) for the City of Miami Beach,
Pursuant to RFP No. 127-96/97, and Funded by the Professional Services
Account of the Development, Design and Historic Preservation Services
Budget.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
On November 19, 1997, the City Commission passed Resolution No. 97-22590
accepting the only proposal received and authorizing the Administration to enter into
a Professional Service Agreement with Carr Smith Corradino, pursuant to RFP No.
127-96/97, for the Development of an Automated Concurrency Management System
for the City of Miami Beach.
ANAL YSIS
Contract negotiations held on January 8, 1998, were aimed at ensuring that the City
receives the best, most effective and affordable Automated Concurrency Management
System. This system is needed to assess the existing and anticipated levels-of-service
for those essential public services and facilities identified in the RFP as affected by
development and redevelopment projects. The negotiated price is $61,876 (down
from $86,000) and is funded by the DDHP Professional Services Account.
CONCLUSION
The Administration recommends approval.
SR~~JJ/jj
(cmsagree)
AGENDA ITEM C 2 A
DATE~8
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND CARR SMITH CORRADINO
TO DEVELOP THE AUTOMATED CONCURRENCY MANAGEMENT SYSTEM (CMS)
THIS AGREEMENT is made this 4th day of February
, 1 998 by and
between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
successors, legal representatives, and assigns, and CARR SMITH CORRADINO (Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete, as same are set forth in Section 2 of
this Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
Project
Coord i nator:
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Services.
Proposal
Documents:
Proposal Documents shall mean the a) Request for Proposals No. 127-
96/97 (RFP No. 127-96/97) to perform Automated Concurrency
Management System for the Development, Design, and Historic
Preservation Services Department, issued by the City, in contemplation
of this Agreement, together with all amendments, and b) the
Consultant's proposal and response (Proposal) which is incorporated by
reference in this Agreement and made a part hereof.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination:
Termination of Consultant Services as provided in Subsection 11 of this
Agreement.
Task:
A discrete portion of the Services to be accomplished by the Consultant,
as described in Section 2, as directed and authorized by the City.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consultant is set forth in Exhibit "A," entitled
"Scope of Work" (Services).
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3.1
SECTION 3
COMPENSATION
FIXED FEE
Consultant shall be compensated for the Services performed herein on a fixed fee basis
of Sixty-One Thousand, Eight Hundred Seventy Six and 00/00 Dollars ($61,876), for providing
the Services as set forth in Exhibit "A" hereto, such fixed fee to be distributed as follows:
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
6.
3.2
Evaluate data requirements, develop analysis
methodology and administrative program,
and prepare administrative manual.
$11,106.45
Evaluate existing data, determine allowable traffic
growth, potable water, sanitary sewers, solid waste,
parks and recreation
$ 9,025.74
Mapping, assembly of database, define trip-
generation rates
$14,006.07
Prototyping, develop software, system review and
reVISIons
$21,996.42
Installation and training
$ 1,789.32
Direct expenses
$ 3.952.00
TOTAL
$61,876.00
METHOD OF PAYMENT
Payment shall be made monthly to the Consultant pursuant to invoices or other
submissions by the Consultant which detail or represent the completion of a percentage of
those phases of the Services, as set forth in Exhibit "A".
Specific milestones shall include the submission of an invoice documenting the
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completion of the proportion of the Services performed in each phase of the work. All
submissions shall contain a statement that the items set forth therein are true and correct and
in accordance with the Agreement. Payments shall be made within thirty (30) days of
submission of the invoice or report to the City.
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized professionals
with respect to the performance of comparable Services. In its performance of the Services,
the Consultant shall comply with all applicable laws and ordinances, including but not limited
to, applicable regulations of the City, County, State, Federal Government, ADA, EEO
Regulations and Guidelines.
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
4.2
Consultant.
4.3
PROIECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project
Coordinator.
4.4
DURATION AND EXTENT OF AGREEMENT
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The term of this Agreement shall be for a period five months (5 ) months from the date
of execution of this Agreement. Provided, however, that as to any additional services
requested by the City within such five (5) month period, such services may be completed
beyond such five (5) month period, as mutually agreed to in writing by the parties, prior to
their commencement.
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a
written Notice to Proceed from the City subsequent to the execution of this Agreement, and
Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto.
A reasonable extension of time shall be granted in the event the work of the Consultant
is delayed or prevented by the City or by any circumstances beyond the reasonable control
of the Consultant, including weather conditions or acts of God which render performance of
the Consultant's duties impracticable.
4.6
NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with work on the
Services only upon issuance of a Notice to Proceed by the City.
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership
4.7
by the City. Any reuse by Consultant or the parties shall be approved in writing by the City.
IN DEMN I FICA TION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
4.8
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and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct
of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting
under Consultant's control, in connection with the Consultant's performance of the Services
pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and
losses and shall pay all such costs and judgements which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the City
in the defense of such claims and losses, including appeals. The parties agree that one percent
(1 %) of the total compensation to the Consultant for performance of the Services under this
Agreement is the specific consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
4.9
INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of the work the following
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insurance:
1. Consultant General Liability in the amount of $1,000,000.00. A
certified copy of the Consultant's (and any sub-consultants') Insurance
Policy must be filed and approved by the Risk Manager prior to
commencement.
2. Workers Compensation & Employers Liability as required pursuant to
Florida statute.
Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and his
insurance company. The insurance must be furnished by insurance companies authorized to
do business in the State of Florida and approved by the City's Risk Manager. Original
certificates of insurance for the above coverage must be submitted to the City's Risk Manager
for approval prior to any work commencing. These certificates will be kept on file in the office
of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and
submitting all insurance certificates for their consultants.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B +" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Consultant specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
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ascertain compliance with required overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.10 FI NAL ACCEPTANCE
When the Services have been completed, the Consultant shall so advise the City in
writing. Final Acceptance shall not constitute a waiver or abandonment of any rights or
remedies available to the City under any other Section of this Agreement.
4.11
4.11.1
TERMINATION. SUSPENSION AND SANCTIONS
Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may
terminate this Agreement.
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In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and
its subcontractors shall be properly delivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services satisfactori Iy performed by the
Consultant prior the date of the Notice of Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant
and the City may reasonably withhold payments to the Consultant for the purposes of set-off
until such time as the exact amount of damages due the City from the Consultant is
determined.
4.11.2
Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Services then
remaining to be performed at any time by giving written notice to Consultant of such
termination, which shall become effective seven (7) days following receipt by Consultant of
the written termination notice. In that event, all finished or unfinished documents and other
materials as described in Section 2 and Exhibit "A" shall be properly delivered to the City. If
the Agreement is terminated by the City as provided in this Subsection, the City shall
compensate the Consultant for all Services satisfactorily performed by the Consultant and
reasonable direct costs of Consultant for assembling and delivering to City all documents.
Such payment shall be the total extent of the City's liability to the Consultant upon a
Termination for Convenience, as provided for in this Subsection.
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4.11.3
Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.11.2.
4.11.4
Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
termination or suspension of the Services. In the event the City cancels or terminates the
Services pursuant to this Subsection the rights and obligations of the parties shall be the same
as provided in Section 4.11.2.
4.11.5
Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the
time of performance, a reallocation of the task budget and, if applicable, any provision of this
Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of preparing Agreement change documents, written Notices to Proceed, or other
documentation in this regard.
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4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City. The Consultant shall be liable for the
Consultant's services, responsibilities and liabilities under this Agreement and the services,
responsibilities and liabilities of subconsultants, and any other person or entity acting under
the direction or control of the Consultant. When the term "Consultant" is used in this
Agreement, it shall also be deemed to include any sub-consultants and any other person or
entity acting under the direction or control of Consultant.
4.13 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.14 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
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connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefits arising therefrom.
4.15 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under
this Agreement shall be the subject of any application for copyright or patent by or on behalf
of the Consultant or its employees or subcontractors.
4.16 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Project Manager appointed by Consultant and the Project Coordinator designated by the
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
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Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT:
Carr Smith Corradino
Attn: Albert R. Dettbarn, r.E.
4055 NW 97th Avenue
Miami, Florida 33178
(305) 594-0735
TO CITY:
City of Miami Beach
Attn: Janet Gavarrete, Assistant City Manager
1 700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPI ES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, Interim City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.17 LITIGATION IURISDICTION/VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
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4.18 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this
Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
4.19 LIMITATION OF CITY'S L1ABI L1TY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the its's liability for any cause of action for money damages due to an alleged breach
by the City of this Agreement, so that its liability for any such breach never exceeds the sum
of $61,876. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $61,876, less the amount of all funds actually paid by the City to
Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $61,876, which amount shall be reduced by the amount actually paid by
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the City to Consultant pursuant to this Agreement, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon
the City by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the City's
liability as set forth in Section 768.28, Florida Statutes
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
, J
\~ 1\
By: t- /~ }J..A (
City Clerk
.">
t ~(J~
By: 114
Mayor
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
FOR CONSULTANT:
CARR SMITH CO~
U)9f
Date
By:
ATTEST:
Corporate Seal
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EXHIBIT "A"
SECTION II - SCOPE OF SERVICES
CONCURRENCY MANAGEMENT SYSTEM FOR THE CITY OF MIAMI BEACH
1. PROJECT APPROACH
The method to be employed in assessing development applications for concurrency and the
monitoring and management of public services and facilities will require the use of computer
program, developed in a spreadsheet format. It is desired that the Concurrency Management System
for Miami Beach be similar to the systems already developed and currently used by the Cities of
Coral Gables and Hialeah, Florida. The projection of public services demands that will be generated
by a proposed project should use generally accepted generation projection rates, based on number
of residential units, square footage, number of parking spaces, etc., to project the demand that will
be created by the proposed development or proposed change-in-use. The Concurrency Management
System should project the demand that the proposed project would have on public services and
facilities and make a determination as to whether or not there is adequate capacity to service the
proposed project without violating the adopted level-of-service standards. The program analysis is
to include the following output:
A. Projected Project Demand
B. Base Capacity
C. Total Committed Capacity
D. Public Services or Facilities That Have Inadequate Capacity to Serve the Project
The applicant for a development project would be charged a Concurrency Review Fee, as a
proportionate share of the cost for administering the Concurrency Management System, and would
be provided with a Concurrency Impact Statement identifying (A) through (D), above.
An applicant whose proposed project based on the above analysis would create a demand that would
cause a violation of the City's level-of-service standards would be given the following options:
A. Provide a more detailed site-specific study, using the same Concurrency
Management System methodology, that will show, upon further analysis, that
the project will be concurrent.
B. Appeal the Concurrency determination through a prescribed Concurrency
Management System appeals procedure.
RFP NO.:
DATE:
xxx-xX/Xx
xX/XX/Xx
CITY OF MIAMI BEACH
8
C. Contribute sufficient funds to the City or County or State, as appropriate,
to construct the necessary public service of facility improvements.
D. Enter into an enforceable development agreement with the City such that all
necessary public service or facility improvements will be in place concurrently
with the demand created by the project.
E. Reduce the density and intensity of the project such that the project does not
exceed the locally adopted level-of-service standards.
F. Withdraw the application for the project.
Note: Rule 9J-5 contains several specific criteria relating to the definition of "concurrent", such as
timeframes in which a project may be considered to be "concurrent". These criteria are included by
reference.
The Concurrency Management System should automatically reserve capacity committed to the
development on a temporary basis, identify projects in which there has not been a conscientious
effort to proceed with the construction of said projects, allow for the withdraw of a committed
capacity when a conscientious effort has not been made to construct a project, and redistribute this
capacity to other subsequent applications and to the available capacity of the system.
The Concurrency Management System should also automatically track the progress of each
development project and contain provisions for modifying applications, expiring applications,
extending the temporary reservation of capacity, and converting the reservation of capacity to a
permanent status upon completion of the project.
2. END PRODUCT
The result of the development of the Concurrency Management System will be a system that ensures
compliance with the City's adopted levels-of-service for public facilities and services as prescribed
in the Miami Beach Comprehensive Plan and meets the objectives of the Concurrency Management
System as they are stated within the Request For Proposals. The System will be adaptable in
response to changes to the Comprehensive Plan which may be made from time to time, and as a
result of the City's future Municipal Mobility Plan. The Concurrency Management System will
ensure that the adopted levels-of-service standards are maintained using the three primary criteria:
RFP NO.:
DATE:
xxx-xX/Xx
xX/XX/Xx
CITY OF MIAMI BEACH
9
A. The necessary facilities or services are in place at the time a building or development
permit is issued; or
B. The necessary facilities and services will be in place or under construction consistent
with the timeframes established under Rule 9J-5, F.A.C.; or
C. The necessary facilities or services are guaranteed under an enforceable agreement
consistent with Section 163.3220, F.S., Chapter 380, F.S. and Rule 9J-5, F.A.C.
3. POLICY RECOMMENDATIONS
Policy recommendations shall be identified for inclusion in the Concurrency Management System,
for City Commission consideration.
4. THE CONSULTING TEAM
The Consulting Team shall be composed of site planners, transportation planners, land-use planners,
environmental planners, traffic engineers and other such professionals with extensive experience in
concurrency and growth management laws and policies, as applied to residential communities,
historic urban areas, resort/tourism environments, and "livable community" initiatives.
The Consulting Team shall be familiar with the State Statute and Rules of the Department of
Community Affairs. The Consulting Team shall be able to provide technical assistance to the City
by development of the administrative procedures and implementation systems for the efficient and
equitable review of applications for changes in land use or land development. The Consulting Team
will be required to undertake the tasks described immediately below.
5. T ASKS/END PRODUCTS
A. Review and familiarization with the City of Miami Beach's current development
project review and permit procedures (except single-family building permits).
B. Determine the appropriate City department or office to receive the Concurrency
applications and administer the Concurrency Management System.
C. Determine which City departments or State or County agencies should assist in the
reVIew process.
D. Determine which types of development permits should undergo preliminary and
final Concurrency review.
RFP NO.:
DATE:
XXX-XXlXX
XXlXXlXX
CITY OF MIAMI BEACH
10
E. Develop acceptable Concurrency application forms, which are readily reproducible.
F. Create baseline data for all service areas.
G. Analyze the facilities and level-of service standards prescribed in the Miami Beach
Comprehensive Plan and make recommendations for amendments, as appropriate.
H. Assess the local roadway segments and identify location for "traffic count stations"
to perform traffic counts and provide findings.
I. Develop and implement a user-friendly computer program(s) to project the demand
on public services and facilities that would be generated by a proposed development
project.
J. Develop and implement a companion computerized program(s) that will monitor
existing and committed capacity of public services and facilities, and track
applications approved as meeting concurrency.
K. Develop a just and equitable appeals procedure.
L. Prepare a Concurrency Management System Manual which is readily reproducible
for City staff with flow charts, which includes the process and procedures for
administering the Concurrency Management System and the procedures for appeal.
M. Prepare a brochure on the Concurrency Management System which is readily
reproducible for public distribution (specifically to developers, architects,
contractors, etc.) that describes the process in clear terms.
N. Provide training to selected city personnel to perform Concurrency reviews.
O. Recommend Concurrency reservation fees, as well as policies to discourage
speculative hording of reserved capacity.
P. Coordinate the initial implementation of the Concurrency Management System with
the participating departments and agencies, as required.
Q. Recommend a possible development fee structure for developers and others, to be
applied to improvements to the City's parks and recreation system and mass transit
system .
R. Coordinate the development of the Concurrency Management System with the
Miami Beach Municipal Mobility Plan, currently underway.
RFP NO.:
DATE:
xxx-xX/Xx
XX/XX/XX
CITY OF MIAMI BEACH
11
S. Create a Executive Summary Report summarizing the End Product, described,
herein;
T. Abide by the five- month (150- day) timetable for completing all tasks/end products for
a fully functioning Concurrency Management System.
Participating Agencies:
City of Miami Beach Departments
Planning, Design & Historic Preservation
Building Department
Public Works Department
Recreation, Culture & Parks Department
Economic & Community Development Division
Legal Department
City Manager's Office
Other Agencies
Dade County Metropolitan Planning Organization (MPO)
Metro-Dade Transit Agency (MDT A)
Florida Department of Transportation (FDOT)
Dade County Department of Environmental Resources Management (DERM)
Florida Department of Environmental Protection (FDEP)
Florida Department of Community Affairs (DCA)
Project Manager for the City: Joseph Johnson, Planner, Planning, Design & Historic Preservation
Division
Funding: Design, Development and Historic Preservation Division, Professional Services Account
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