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RESOLUTION NO. 2006-26139
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
QUALIFICATIONS RECEIVED PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 05-05/06, FOR A
PLANNING/IMPACT FEE CONSULTANT TO HELP FURTHER
EXPLORE THE POTENTIAL FOR AN IMPACT ANALYSIS AND
MITIGATION DEVELOPMENT SYSTEM; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
CLARION ASSOCIATES; AND SHOULD THE ADMINISTRATION
NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH CLARION
ASSOCIATES, APPROVING THE ISSUANCE OF A NEW RFQ.
WHEREAS, part of the initiatives based upon the City Commission's direction
at its May 2S, 200S Growth Management Workshop was the recommendation to issue
an RFQ for a planning/impact fee consultant; and
WHEREAS, the Request for Qualifications (RFQ) for a planning/impact fee
consultant to help further explore the potential for an impact analysis and mitigation
development review system would be managed by the Planning Department; and
WHEREAS, on October 19, 200S, the City Commission approved the
issuance of RFQ No. OS-OS/06 for a Planning/Impact Fee Consultant to Help Further
Explore the Potential for an Impact Analysis and Mitigation Development Review
System; and
WHEREAS, RFQ No. OS-OS/06 was issued on November 21, 200S, with an
opening date of January 13, 2006; and
WHEREAS, a pre-proposal conference to provide information to firms
considering submitting a response was held on December 1S, 200S; and
WHEREAS, BidNet issued bid notices to 106 prospective proposers,
resulting in 24 proposers requesting the RFQ document, which resulted in the receipt
of one (1) proposal from Clarion Associates; and
WHEREAS, the City Manager, via Letter to Commission (LTC) No. 014-2006,
appointed an Evaluation Committee (lithe Committee") consisting of the following
individuals:
. Larry Herrup, Zoning Board of Adjustments Member and Resident;
. Fernando Vazquez, City Engineer, Public Works Department;
. Leonard Turkel, Housing Authority Commissioner and Resident;
. Kevin Crowder, City Economic Development Division Director;
. Richard Lorber, City Planning and Zoning Manager; and
WHEREAS, the Committee convened on February 9, 2006; and
WHEREAS, during the meeting, the Committee members were provided
information as to the scope of the project, references for Clarion Associates and
information of a survey questionnaire sent out by the Procurement Division as to the
reasons for the single response to the RFQ; and
WHEREAS, while it was the Committee's overall opinion that the City attempt
to negotiate with Clarion Associates, it was also the opinion that Clarion Associates
clearly has the expertise and the knowledge to provide the services as required under
the RFQ; and
WHEREAS, the City Manager concurs with the Committee's
recommendation, and recommends that the Mayor and City Commission authorize the
Administration to enter into negotiations with Clarion Associates pursuant RFQ-05-
05/06. .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the
qualifications received pursuant to Request for Qualifications (RFQ) No. 05-05/06, for
a Planning/Impact Fee Consultant to Help Further Explore the Potential for an Impact
Analysis and Mitigation Development System; and authorize the Administration to
enter into negotiations with Clarion Associates; should the Administration not be able
to negotiate an agreement with Clarion Associates, the Mayor and City Commission
hereby approve the issuance of a new RFQ.
PASSED AND ADOPTED THIS 8th
,2006
ATTEST:
~r r Ovt~
CITY CLERK
Robert Parcher D~id Dermer
F:\PURC\$ALL \Roman\RFQ\RFQ05-05-06\RESOLUTION.doc
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution that Accepts the City Manager's Recommendation Relative to the Ranking of Firms Pursuant
to Request for Qualifications (RFQ) No. 05-05/06 for a Planningllmpact Fee Consultant to Help Further
Explore the Potential for an Impact Analysis and Mitigation Development System.
Ke Intended Outcome Su orted:
. Increase satisfaction with develo ment and rowth mana ement across the Cit .
Issue:
Shall the City Commission adopt the Resolution?
Item Summary/Recommendation:
RFQ No. 05-05/06 was issued on November 21, 2005 with an opening date of January 13, 2006. A pre-
proposal conference to provide information to firms considering submitting a response was held on
December 15, 2005. Bid Net issued bid notices to 106 prospective proposers, resulting in 24 proposers
requesting the RFQ document, which resulted in the receipt of one (1) proposal from Clarion Associates.
The City Manager via Letter to Commission (LTC) No. 014-2006, appointed an Evaluation Committee
("the Committee"). On February 9, 2006, the Committee convened for its initial meeting. Committee
members were all present. During the meeting the Committee members were provided information on
the scope of the project by Richard Lorber, CMB Planning Department, Committee Member, and staff
from the City's Procurement Division. The Committee was also provided references fOr Clarion
Associates. The Committee spoke extensively on reasons why there was one response on this RFQ. The
Procurement Division provided the Committee information on a survey questionnaire that was sent out to
all planholders of the RFQ. The Procurement Division sent out 42 questionnaires and received 40 back.
Also attached is a tabulation of the responses by the 40 firms on the reasons why they elected not to
submit a response to this RFQ.
It was the Committee's overall opinion that the City attempt to negotiate with Clarion Associates. It was
evident to the Committee that Clarion Associates as well as their subconsultants have the expertise and
the knowledge to provide the services as required under this RFQ.
Adopt the Resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
islative Trackin
City Manager
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MIAMIBEACH
AGENDA ITEM C 711
DATI: 3-3' ,.,:)€?
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
SUBJECT:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez \. ~
March 8, 2006 cJ~' 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO QUALIFICATIONS RECEIVED PURSUANT
TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 05-05/06, FOR A
PLANNING/IMPACT FEE CONSULTANT TO HELP FURTHER EXPLORE THE
POTENTIAL FOR AN IMPACT ANALYSIS AND MITIGATION DEVELOPMENT
SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH CLARION ASSOCIATES; AND SHOULD THE
ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH
CLARION ASSOCIATES, APPROVE THE RE-ISSUANCE OF THIS RFQ.
TO:
FROM:
DATE:
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Administration recommends that the City Commission accept the City Manager's
recommendation and authorize negotiations with Clarion Associates. This RFQ is part ofthe
initiatives based upon the City Commission's direction at its May 25, 2005 Growth
Management Workshop.
As directed at the Growth Management Workshop, this Request for Qualifications (RFQ) for
a planning/impact fee consultant to help further explore the potential for an impact analysis
and mitigation development review system, has been developed by the Planning
Department.
As detailed in the scope of services, the respondent firm would be required to study
development impacts of projects over a certain threshold of intensity within the City. The
study would produce data and analysis which will serve as a legal and planning basis to
develop a system for the review of new proposed developments.
In order to properly assess and mitigate the potential impacts of future developments upon
the infrastructure of the City, all "Major Developments" over a certain threshold of gross
square footage will be reviewed by the established system. Based upon legal and planning
feasibility analysis provided by the Consultant, the System may incorporate a phased
development component, which would limit the amount of major development activity over
time in relation to the impacts of such development on the City's infrastructure. The ultimate
outcome of this RFQ would be the modification of the Land Development Code and
Comprehensive Plan Ordinances in order to incorporate the System.
On October 19, 2005 the City Commission approved the issuance of RFQ No. 05-05/06 for a
Planningllmpact Fee Consultant ("the Consultant") to help further explore the potential for an
Impact Analysis and Mitigation Development Review System ("the System").
RFQ No. 05-05/06 was issued on November 21,2005, with an opening date of January 13,
2006. A pre-proposal conference to provide information to firms considering submitting a
response was held on December 15, 2005. It is to be noted that on the day of the Pre-RFQ
submittal conference there were 4 firms in attendance and 6 firms who dialed - in via
conferencing. BidNet issued bid notices to 106 prospective proposers, resulting in 24
proposers requesting the RFQ document, which resulted in the receipt of one (1) proposal
from Clarion Associates.
The Procurement Division did not rely exclusively on BidNet's database to receive
responses to this RFQ. An advertisement was sent to the American Planning Association,
the Florida Bid Advertising System, and the local Daily Business Review as well as retrieving
internet contact information of firms who provide the required services under this RFQ.
The City Manager via Letter to Commission (LTC) No. 014-2006, appointed an Evaluation
Committee ("the Committee") consisting of the following individuals:
_ Larry Herrup, Zoning Board of Adjustments Member and Resident;
_ Fernando Vazquez, CMB City Engineer, Public Works Department;
_ Leonard Turkel, Housing Authority Commissioner and Resident;
- Kevin Crowder, CMB Economic Development Division Director;
_ Richard Lorber, CMB Planning and Zoning Manager, Planning Department
On February 9,2006, the Committee convened for its initial meeting. Committee members
were all present. During the meeting the Committee members were provided information on
the scope of the project by Richard Lorber, CMB Planning and Zoning Manager, Committee
Member. The Committee was also provided references for Clarion Associates. The
Committee spoke extensively on reasons why there was one response on this RFQ, as it
was considered a highly specialized area of expertise. The Procurement Division provided
the Committee information on a survey questionnaire that was sent out to all planholders of
the RFQ. The Procurement Division sent out 42 questionnaires and received 40 bac~.
Below is a tabulation of the responses by the 40 firms on the reasons why they elected not
to submit a response to this RFQ.
19 firms responded - Our Company does not handle this type of service or planning.
~ firms responded - We did not meet the minimum qualification necessary for this project.
1 firm responded - Our Company is simply not interested in providing a response at this
time.
11 firms responded - Due to prior commitments, our company was unable to provide a
response to this RFQ.
2. firms responded - Other Reasons such as "Unfortunately, we either did not receive RFQ-
05-05/06 or it went to someone unfamiliar with how to respond." or "We are no longer
serving the Florida market."
If was the Committee's overall opinion that the City attempt to negotiate with Clarion
Associates. It was evident to the Committee that Clarion Associates as well as their
subconsultants clearly have the expertise and the knowledge to provide the services as
required under this RFQ.
In addition to the references, the Procurement Division was able to collect past performance
information on Clarion Associates by sending a questionnaire to several past clients of
Clarion Associates. Clarion Associates was given exceptional scores by all the past
clientele. The following are some of the comments sent in by their clients:
Cindy Houben, Community Development Director
Pitkin County, Colorado
"Don Elliott has been our main contact with the Clarion Group and has done an excellent
job. He has been clear, grasps the complex Land Use issues and understands the
applicable laws. They have experience with code format that has been extremely valuable. It
is important to be very clear up front regarding expectations and cost involved in a project.
Our project ended up having cost over runs and I feel that the project was underbid. We
have a very complicated and involved land use Code so it would be hard for any group to
accurately estimate the time involved coming up to speed in order to just get started. "
Laura Dedenbach, Former Planning Director,
Alachua, Florida
"We are very pleased with Clarion Associates. We just had our first public hearing this past
Monday on the entire LDRs. They were warmly received by the Commission and had public
support. We took a bit longer with our LOR update than usual, because staff was updating
the Comp Plan at the same time. Hiring Clarion enabled the City to complete these two
important tasks in the most efficient timeframe. We will have adopted, completely revised
LDRs within one year of the adoption of the new Comp Plan. Yet we were able to have a full
citizen process and involve the community."
Ira Joseph, Division Manager - Comprehensive Planning,
City of Colorado Springs, Colorado
"Clarion Associates provided excellent technical work product, was very thorough, and was
responsive to our needs"
After the Committee's evaluation of Clarion Associate's proposal and as well their references
for past experience, it was the Committee's overall opinion to recommend that the City
negotiate with the Clarion Associates. A motion was placed by Richard Lorber which was
seconded by Larry Herrup.
Clarion Associates is a national land-use and growth management consulting firm with
offices in Chapel Hill, North Carolina, Denver and Fort Collins, Colorado and affiliate offices
in Chicago, Cincinnati and Philadelphia. With twelve years of national and international
experience, Clarion Associates provides the best combination of services, such as land use,
community development, infrastructure finance, impact fee, and planning implementation
experience. The firm's members have or are working on growth strategies, development
codes, and the design and implementation of impact fee programs/regulations in 24 states
for numerous local governments.
Clarion Associates will be assisted by two nationally recognized subconsulatnt firms:
TischlerBise and Glatting Jackson Kercher Anglin Lopez Rinehart (Glatting Jackson).
Clarion Associates will serve as the Prime contractor, and will be responsible for project
management, strategy design and development, and the preparation of development
regulations designed to implement the development impact mitigation approach.
TischlerBise will serve as principal in the review and analysis of the fiscal impacts of new
development and assist in the preparation of the mitigation system. Glatting Jackson will
assist with general strategy, review and analysis of the City's transportation system, travel
demand characteristics, and assist in the development of the mitigation system.
Clarion Associates will bring the following strengths to the impact analysis and development
mitigation system project.
. Team members have expertise in planning, growth management, impact analysis,
transportation modeling/planning, proportionate share methods, economics, and the
law.
. Extensive expertise with fiscal impact analysis, fiscal modeling, and cost recovery
programs.
. Substantial expertise in Civil Engineering, transportation analysis, and environmental
science.
. Broad Florida and national experience in the drafting and implementation of
development codes and other regulatory approaches.
. A strong focus towards the development and implementation of regulatory systems
and standards that is consistent with local goals, and relevant legal constraints.
RELATED EXPERIENCE
PROJECT MANAGER
Craig Richardson
Mr. Richardson is a Vice President and Principal with Clarion Associates, and Director of the
North Carolina office. Mr. Richardson is a planner/lawyer, who holds a MRP in City and
Regional Planning from the University of North Carolina at Chapel Hill; a Juris Doctor from
Stetson College of Law; and a BA (Honors) from Stetson. He has been a member of the
Florida Bar for 25 years. Mr. Richardson has consulted with over 100 local government
clients in 14 states on the preparation of general land development codes, zoning
ordinances, affordable housing programs, impact fees, adequate public facility regulations,
growth management strategies and other forms of land use regulation. In addition, he has
had significant experience representing public sector clients in court in their defense of
comprehensive plans, land use, and public facility finance regulations.
Representative Major Projects:
. Unified Development Ordinances for Rock Hill and Greenville, SC (in progress);
Apex, SC; Zoning Codes for Kalamazoo, MI; Louisville, KY; Teton County, WY;
Aspen, CO (APA Award of Merit)
. Land Development Codes in Florida: Palm Beach County; Alachua; St. Lucie
County; Martin County; Collier County; City of Jacksonville Beach; and City of
Clearwater.
. Growth Management Strategies and Comprehensive Plans in Southern Beaufort
County, SC (Hilton Head); Henrico County, VGA (Richmond); Wake County, NC;
Williamson County, TN (Nashville); Southern Nevada Regional Plan (Las Vegas
Valley).
. Impact fee programs in Larimer County, CO; Manatee County, FL; Dade County; FL;
Henrico County (Richmond), VA; Palm Beach County, FL; Mount Pleasant, SC;
State of Delaware; Washoe County, NV; and Citrus County, FL.
. Affordable housing programs in Teton County, WY; Pitkin County, CO; Basalt, CO.
GROWTH MANAGEMENT INITIATIVES
In addition to this RFQ, as an outcome of the Growth Management workshop on May 25,
2005, the Administration was directed to prepare a series of zoning code amendments
based upon the City Commission's direction. The first of these ordinances, addressing
residential parking requirements, was adopted at the Commission's last meeting on
February 8, 2006. In the coming months, additional proposals will be presented to the
Planning Board and the Commission as part of this package of growth management
initiatives, addressing development regulations, lot coverage and aggregation, commercial
development over 50,000 square feet, and the fee in lieu of parking. These individual
changes may be incremental, but should have a cumulative effect to slow and/or limit the
amount of new development. Each potential amendment will also be analyzed for effect on
workforce housing, and exemptions will be considered.
CONCLUSION
The Administration recommends approval of the attached Resolution accepting the
recommendation of the City Manager pertaining to the ranking of Qualifications received
pursuant to Request for Qualifications (RFQ) No. 05-05/06, for a Planningllmpact fee
Consultant to help further explore the potential for an Impact Analysis and Mitigation
Development System; authorizing the Administration to enter into negotiations with Clarion
Associates; and should the Administration not be able to negotiate an agreement with
Clarion Associates, approve the re-issuance of this RFQ.
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