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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CLARION ASSOCIATES OF COLORADO~ LLC
FOR
PROFESSIONAL PLANNING
SERVICES
FOR THE
PREPARATION OF AN IMPACT ANALYSIS AND DEVELOPMENT
MITIGA TION FOR MAJOR DEVELOPMENT PROJECTS
(PART ONE: POLICY FRAMEWORK)
July 12, 2006
Agenda Item {!, 7.5
Date 7-/~-o~
Major Development Projects - Mitigation System
July 12 . 2006
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City Project Coordinator
1.7 Basic Services
1.8 Project
1.8.1 The Project Cost
1.8.2 The Project Scope
1.9 Force Majeure
1.10 Contract Documents
1.11 Contract Amendment
1.12 Additional Services
1.13 Services
1.14 Schedule
1.15 Scope of Services
PAGE
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2
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3
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4
4
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5
5
6
6
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ARTICLE 2.
2.1
2.2
2.3
2.4
BASIC SERVICES
Planning Services
Additional Services
Responsibility for Claims and Liabilities
Time
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8
9
9
9
ARTICLE 3. THE CITY'S RESPONSIBILITIES
10
ARTICLE 4. ADDITIONAL SERVICES
13
ARTICLE 5. REIMBURSABLE EXPENSES
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ARTICLE 6. COMPENSATION FOR SERVICES
15
ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
17
ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS
17
ARTICLE 9.
9.1
9.2
9.3
9.4
9.5
9.6
TERMINATION OF AGREEMENT
Termination for Lack of Funds
Termination for Cause
Termination for Convenience
Termination by Consultant
Implementation of Termination
Non-Solicitation
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18
18
19
19
19
20
ARTICLE 10. INSURANCE
20
ARTICLE 11. INDEMNIFICATION
21
ARTICLE 12. VENUE
22
ARTICLE 13. LIMITATION OF LIABILITY
22
ARTICLE 14. MISCELLANEOUS PROVISIONS
23
ARTICLE 15. NOTICE
25
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES
SCHEDULE B CONSULTANT COMPENSATION
SCHEDULE C HOURLY BILLING RATE
SCHEDULE D PROJECT SCHEDULE
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35
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT
CLARION ASSOCIATES OF COLORADO, LLC
FOR PROFESSIONAL
PLANNING SERVICES
FOR THE
PREPARATION OF AN IMPACT ANALYSIS AND DEVELOPMENT MITIGATION
SYSTEM FOR MAJOR DEVELOPMENT PROJECTS
(PART ONE: POLICY FRAMEWORK)
This Agreement made and entered into this R day of July , 2006, by and between the
CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and CLARION ASSOCIATES OF COLORADO, LLC., a
Colorado limited liability partnership having its principal office at 1526 E. Franklin Street, Suite
102, Chapel Hill, North Carolina 27514 (hereinafter referred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in this Agreement and the attached Schedule "A", and
wishes to engage the Consultant to provide planning services for the Project at the agreed fees as
set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of planning
services relative to the Project, as hereinafter set forth.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
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ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
1.2 CITY COMMISSION: "City Commission" shall mean the governmg and
legislative body of the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including the Project Coordinator, and shall serve as the City's representative
to whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean REQUEST FOR
QUALIFICATIONS NO. 05-05/06 FOR IMP ACT ANALYSIS AND DEVELOPMENT
MITIGATION SYSTEM, issued by the City in contemplation of this Agreement,
together with all amendments thereto, if any, and the Consultant's proposal in response
thereto (Proposal), which is incorporated by reference in this Agreement and made a part
hereof; provided, however, that in the event of an express conflict between the Proposal
Documents and this Agreement, this Agreement shall prevail.
1.5 CONSULTANT:
The "Consultant" is herein defined as Clarion Associates of
Colorado LLC, a Colorado limited liability partnership having its principal office at 1526
E. Franklin Street, Suite 102, Chapel Hill, North Carolina, 27514. When the term
"Consultant" is used in this Agreement it shall be deemed to include any sub-consultants
and any other person or entity acting under the direction or control of Consultant. Any
subconsultants retained by Consultant pursuant to this Agreement and the Project shall be
subject to prior written approval of the City. The following subconsultants were included
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in the Consultant's Proposal and are hereby approved by the City for the Project:
Fiscal and Impact Analysis Consultant: TischlerBise
Transportation and Planning Consultant: Glatting Jackson Kercher Anglin Lopez
Rinehart
1.6 CITY PROJECT COORDINATOR: The "Project Coordinator" shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all matters related
to the Project, except as otherwise provided herein.
1.7 BASIC SERVICES: "Basic Services" shall include the planning and related
professional services relative to the Project, as hereinafter set forth, including: planning,
impact analyses, fiscal analyses, transportation, regulation, and growth management, as
described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached
hereto.
1.8 PROJECT: The "Project" shall mean the preparation of a strategy and
implementation program for impact analyses and a development mitigation system for
Major Development Projects in the City, as described in Schedule "A" attached hereto.
For purposes of this Agreement, the Project shall only include those services as referenced in this
Agreement, and the attached "Schedule A", pertaining to "Part One: The Policy Framework." City
and Consultant hereby acknowledge and agree that the City shall neither be bound nor obligated to
proceed and/or contract with Consultant for the provision of future services, including, without
limitation, any services relating to "Part Two: Implementation", unless expressly agreed to by the City,
in its sole and absolute discretion, and (if agreed to) unless memorialized and approved by the City and
Consultant, in a written amendment to this Agreement (or, in the alternative, a separate agreement, as
determined by the parties).
1.8.1 PROJECT COST: The "Project Cost", as established by the City,
shall mean the total cost of the Project to the City including: professional
compensation and expenses.
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1.8.2 PROJECT SCOPE: The "Project Scope" shall mean the description
of the Project contained in Schedule "A" attached hereto.
1.9 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, and similar matters which normally impact on the
bidding process shall not be considered a Force Majeure.
1.10 CONTRACT DOCUMENTS:
"Contract Documents" shall mean this
Agreement; or a modification of the following: (1) written amendment to this Agreement
signed by both parties; or (2) an approved Change Order.
1.11 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City
Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other
such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.12 ADDITIONAL SERVICES: "Additional Services" shall mean those services
described in Article 4 herein, which have been duly authorized in writing by the City
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Manager prior to commencement of same.
1.13 SERVICES: "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, services provided, or to be provided, by
Consultant to fulfill its obligations herein.
1.14 SCHEDULE: "Schedule" shall mean the schedules attached to this Agreement
and referred to as follows:
Schedule A - Scope of Services.
Schedule B- Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
1.15 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as
described in Schedule "A", together with the Basic Services and any Additional Services
approved by the City, as described in Articles 2 and 4, respectively herein.
ARTICLE 2. BASIC SERVICES
The Consultant shall provide Basic Services for the Project as set forth hereafter. The
Services for this Project will be performed by the Consultant upon receipt of a written
Notice to Proceed issued by the City Manager, or his designee, and Consultant shall
countersign the Notice to Proceed. A separate Notice to Proceed shall be required for
commencement of each Task. as discussed in attached Schedule" A" entitled "Scope
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of Services".
The Consultant's Basic Services shall consist of the Three (3) Tasks as described in
attached Schedule A "Scope of Services".
The Consultant shall coordinate with subconsultants, and conform to all applicable codes
and regulations. Consultant, as it relates to its Services, represents and warrants to the
City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions
in which the Project is located, including, local ordinances and codes (City of Miami
Beach), Florida Statutes, administrative rules and regulations including, Federal laws,
rules and regulations. The Consultant agrees to comply with all such laws, codes, rules,
and regulations now in effect, and as may be amended or adopted at any time, and shall
further take into account all known pending changes to the foregoing, of which it should
reasonably be aware.
The Consultant expressly agrees that all of its duties, services and responsibilities under
this Agreement shall be performed in accordance with the standard of care normally
exercised in the planning profession for comparable Projects of this nature in South
Florida. In addition, Consultant represents that it is experienced and fully qualified to
perform the Services contemplated by this Agreement, and that it is properly licensed
pursuant to the applicable laws, rules and regulations to perform such Services.
2.1 PLANNING SERVICES:
Consultant shall perform Planning Services as noted in attached Schedule "A" entitled
"Scope of Services".
2.2 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as
noted in attached Schedule "A" entitled "Scope of Services".
2.3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
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Consultant, its employees, subconsultants, and agents for the accuracy and competency of
its professional work for the Project;
2.4 TIME: It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
2.4.1 The Consultant shall perform the Services as expeditiously as is
consistent with the standard of professional skill and care required by this
Agreement and the orderly progress of the Work.
2.4.2 The parties agree that the Consultant's Services during all tasks of this
Project will be performed in a manner that shall conform with the approved
Project Schedule, which is attached to this Agreement as Schedule "D". The
Consultant may submit requests for an adjustment to the Project Schedule, made
necessary by undue time taken by the City to approve the Consultant's work
products, and/or excessive time taken by the City to approve the Services or parts
of the Services. The City shall not unreasonably refuse to approve such
adjustment(s) to the Project Schedule if the request is made in a timely manner
and is justified.
2.4.3 In providing the Services described in this Agreement, the Consultant
shall use its best efforts to maintain, on behalf of the City, a constructive,
professional, cooperative working relationship with the City Project Coordinator
and City staff.
2.4.4 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance except
to the extent that acts or omissions by the City or others make such performance
impossible.
2.4.5 Consultant agrees that, when the Services to be provided hereunder
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relate to a professional service which, under Florida Statutes, requires a license,
certification of authorization, or other form of legal entitlement to practice such
services, it shall employ and/or retain only qualified personnel to provide such
servIces.
2.4.6 Consultant's project manager (herein after referred to as "Project
Manager") is Craig Richardson. City agrees he is professionally qualified to
undertake the role of project manager for this Project. The Project Manager is
authorized and responsible to act on behalf of Consultant with respect to directing,
coordinating and administrating all aspects of Services to be provided and
performed under this Agreement.
2.4.7 Consultant agrees, within fourteen (14) calendar days of receipt of
written notice to do such from City, to promptly remove and replace Project
Manager, or any other personnel employed or retained by Consultant, or any
subconsultant engaged by Consultant, which request may be made by City with or
without stating its cause.
2.4.8 Consultant herein represents to City that it has expertise in the type of
professional services that will be performed pursuant to this Agreement.
Consultant agrees that all Services to be provided by Consultant pursuant to this
Agreement shall be subject to City's review and approval and shall be in
accordance with the generally accepted standards of professional practice in the
State of Florida.
2.4.9 Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without City's prior written consent, or unless
incident to the proper performance of Consultant's obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been
properly subpoenaed, any non-public information concerning Services to be
rendered by Consultant hereunder, and Consultant shall require its employees,
agents, and subconsultants to comply with the provisions of this paragraph.
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2.4.10 The City and Consultant acknowledge that the Scope of Services does
not delineate every detail and minor work task required to be performed by
Consultant to complete the Project. If, during the course of the performance of the
Services contemplated in this Agreement, Consultant determines that work should
be performed to complete the Project which is, in the Consultant's opinion,
outside the level of effort originally anticipated, whether or not the Scope of
Services identifies the work items, Consultant shall notify the Project Coordinator,
in writing, in a timely manner, and obtain said Project Coordinator's written
consent, before proceeding with the work. The Project Coordinator must comply
with Contract Amendment processing requirements as outlined in Article 1.11,
prior to issuance of any written authorization to proceed with Additional Services
to Consultant. If Consultant proceeds with additional Services without notifying
and obtaining the consent ofthe Project Coordinator, said work shall be deemed to
be within the original level of effort, and deemed included as a Basic Service
herein, whether or not specifically addressed in the Scope of Services. Notice to
the Project Coordinator does not constitute authorization or approval by the City
to perform the work. Performance of work by Consultant outside the originally
anticipated level of effort without the prior written consent of the City shall be at
Consultant's sole risk.
2.4.11 Consultant shall establish and maintain files of documents, letters,
reports, plans, etc. pertinent to the Project. Consultant shall provide City with a
copy of applicable Project correspondence for City to file in its filing system. In
addition, Consultant shall provide electronic Project document files to the City, at
the completion of the Project.
2.4.12 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner.
2.7.13 In the event Consultant is unable to timely complete the Project because
of delays resulting from untimely review by City or other governmental
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authorities having jurisdiction over the Project, or such delays are caused by
factors outside the control of Consultant, Consultant shall provide City with
immediate written notice stating the reason for such delay and a revised
anticipated schedule of completion. City, upon review of Consultant's submittal
and such other documentation as the City may require, may grant a reasonable
extension of time for completion of the Project and may provide reasonable
compensation, if appropriate.
2.7.14 The Consultant covenants with the City to furnish its Services hereunder
properly, in accordance with the standards of its profession and in conformance
with applicable codes and other applicable Federal, State and local rules,
regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement. The City's participation in the Project in no way relieves the
Consultant of its professional duties and responsibilities under applicable law and
this Agreement
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a City Project Coordinator to act as the City's
representative with respect to the services to be rendered under this Agreement (herein
after referred to as Project Coordinator or City Projector Coordinator). The Project
Coordinator shall have authority to transmit instructions, receive information, interpret
and define City policies and decisions with respect to Consultant's Services on this
Project. However, the Project Coordinator is not authorized to issue any verbal or written
orders or instructions to Consultant that would have the effect, or be interpreted to have
the effect, of modifying or changing in any way whatsoever, unless approved by the City
Manager and/or City Commission in compliance with Article 1.11, requirements,
including but not limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
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c) The amount of compensation the City IS obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all information
that the City has available pertinent to the Project, including previous reports and any
other data relative to Consultant's completion of its responsibilities under the Agreement.
Any conclusions or assumptions drawn through examination thereof shall be the sole
responsibility of the Consultant. Additional Services required due to inaccurate,
incomplete or incorrect information supplied by the City may be undertaken by the
Consultant as an Additional Service to this Agreement. Consultant shall notify the Project
Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written
consent, before proceeding with the work. If Consultant proceeds with the Additional
Services without notifying and obtaining the consent of the Project Coordinator, said
work shall be deemed to be within the original level of effort and deemed included as a
Basic Service herein.
3.3 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to sub
consultants working on this Project for which Consultant has received payment from the
City.
3.4 If the City observes or otherwise becomes aware of any nonconformance in the
Project, the City shall give prompt written notice thereof to the Consultant.
3.5 The City shall furnish required information and services and render approvals and
decisions in writing as reasonably expeditious as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
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3.6 The City Commission shall be the final authority to do or to approve the following
actions or conduct by passage of an enabling resolution or amendment to this Agreement.
3.6.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
3.6.2 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
3.6.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
3.6.4 The City Commission shall hear appeals from the administrative
decision of the City Manager's appointed designee(s), upon the Consultant's
written request, in which case the Commission's decision shall be final.
3.6.5 The City Commission shall approve or consider all Contract
Amendments that exceed the sum of twenty five thousand dollars ($25,000.00)
(or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended).
3.7 The City Manager or his designee(s) shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations
(exclusive of those authorizations reserved to the City Commission) to the Consultant.
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3.7.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's Services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.7.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.7.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in Article 2 and the
attached Schedule "A" entitled "Scope of Services".
3.7.4 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Purchasing Ordinance, as
amended).
3.7.5 The City Manager may, in his sole discretion, form a committee or
committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. ADDITIONAL SERVICES
4.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the City Project Coordinator prior to
commencement of same. Such authorization shall contain a description of the Additional
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Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed"
amount on additional Reimbursable Expenses (if any); and an amended completion date
for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees
allowable, which the Consultant shall not exceed without specific written authorization
from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the
services requested by the City and all costs applied to such shall be verifiable through
time sheet and reimbursable expense reviews.
4.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not, or whether
participating as members with Consultant or not.
4.3 Additional Services may consist of the following:
4.3.1 Providing such other professional servIces to the City relative to the
Project which arises from subsequent circumstances and causes (excluding
circumstances and causes resulting from error, inadvertence or omission of
the Consultant) which do not currently exist or which are not
contemplated by the parties at the time of execution of this Agreement.
ARTICLE 5. REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional
Services and include actual expenditures made by the Consultant in the interest of the
Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be
authorized in advance in writing by the Project Coordinator. Invoices or vouchers for
Reimbursable Expenses shall be submitted by the Consultant to the City, along with
supporting receipts, and other back-up material reasonably requested by the City, and
Consultant shall certify as to each such invoice that the amounts and items claimed as
reimbursable are "true and correct and in accordance with the Agreement".
5..2 Expenses subject to reimbursement in accordance with the above procedures may
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include the following:
5.2.1 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the
Consultant and sub-consultants. Courier and postage between the
Consultant and its sub-consultants are not reimbursable.
5.2.2 Expenses for reproduction and the preparation of graphics for community
workshops
ARTICLE 6. COMPENSATION FOR SERVICES
6.1 The Consultant shall be compensated the not to exceed fee listed in Schedule "B" for
Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C".
Payments for Basic Services shall be made within forty-five (45) calendar days of receipt
and approval of an acceptable invoice by the City's Project Coordinator. Payments shall
be made in proportion to the Services satisfactorily performed in each Task so that the
payments for Basic Services for each Task shall not exceed the progress percentage noted
in the Consultant's Progress Schedule, submitted with each invoice. No markup shall be
allowed on subcontracted Basic Services.
The City and the Consultant agree that the Consultant's fee will be $49,852.00, as
detailed in Schedule "B" for the provision of the services described in the attached
Schedule "A", Scope of Services.
6.2 Additional Services authorized in accordance with Article 4 will be compensated
using the hourly rates forth in Schedule "c." Request for payment of Additional Services
shall be included with the monthly Basic Services payment request noted in Article 6.1
above.
All Additional Services must be approved by the Project Coordinator, in writing, prior to
commencement of same, as noted in Article 4. Under no circumstances shall the "Not to
Exceed" fee amount noted in Article 6.1 (and Schedule "B") be exceeded without prior
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written approval from the City Project Coordinator. No markup shall be allowed on
subcontracted Additional Services.
6.3 Request for payment of Reimbursable Expenses shall be included with the monthly
Basic Services payment request noted in Article 6. Proper backup must be submitted with
all reimbursable requests. No markup or administrative charges shall be allowed on
Reimbursable Expenses.
6.4 The City and the Consultant agree that:
6.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
6.4.2 Commencing on December 31, 2006, the Hourly Billing Rate Schedule
shown in Exhibit "C" may be adjusted annually based upon the Miami - Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor,
Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying
the ratio of the April index divided by the previous year's index by the Hourly
Rate Schedule to define the new Hourly Rate Schedule. The maximum increase
will be limited to three percent (3%).
6.5 No retainage shall be made from the Consultant's compensation on account of sums
withheld from payments to Contractors.
6.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit
billings on a monthly basis in a timely manner. These billings shall identify the nature of
the work performed; the total hours of work performed by employee category and the
respective hourly billing rate associated with the employee category from the Hourly
Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum
method, the percentage of completion shall be identified. Billings shall also itemize and
summarize Reimbursable Expenses by category. Where written approval of the City is
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required for Reimbursable Expenses, a copy of said approval shall accompany the billing
for such Reimbursable. When requested, Consultant shall provide backup for past and
current invoices that records hours for all Services by employee category and
reimbursable by category.
6.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
6.8 Final payment of the Consultant upon Project completion must be approved by the
Mayor and City Commission.
ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
7.1 Consultant shall keep such records and accounts and reqUIre any and all
sub consultants to keep such records and accounts as may be necessary in order to record
complete and correct entries as to personnel hours charged to the Project, and any
expenses for which Consultant expects to be reimbursed. All books and records relative
to the Project will be available at all reasonable times for examination and audit by City
and shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books and
records will be grounds for City's disallowance of any fees or expenses based upon such
entries. All books and records which are considered public records shall, pursuant to
Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS
8.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, and studies completed or partially completed, shall become the property of the
City upon completion, termination, or abandonment of the Project. Consultant shall
deliver the above documents to the City within thirty (30) days of completion of the
Project, or termination of this Agreement, or termination or abandonment of the Project.
(Reference attached Schedule "A", entitled "Scope of Services", for additional
requirements).
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8.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
8.3 Consultant shall have the right to utilize such documents in the course of marketing,
professional presentations, and for other business purposes.
ARTICLE 9. TERMINATION OF AGREEMENT
9.1 Termination For Lack Of Funds. The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to
allow continuation of its performance in accordance with the terms and conditions of this
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
9.2 Termination For Cause. The City may terminate this Agreement for cause in the
event that the Consultant (1) violates any provisions of this Agreement or performs same
in bad faith or (2) unreasonably delays the performance of the Services or does not
perform the Services in a timely and satisfactory manner, upon written notice to the
Consultant. In the case of termination by the City for cause, the Consultant shall be first
granted a thirty (30) day cure period after receipt of written notice from the City.
9.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise.
9.2.2 Payment only for Services satisfactorily performed by the Consultant
and accepted by the City prior to receipt of a Notice of Termination, shall be
made in accordance with Article 6 herein and the City shall have no further
liability for compensation, expenses or fees to the Consultant, except as set forth
in Article 6.
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9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
written notice, all documents, including drawings, calculations, correspondence,
and all other relevant materials affected by such termination.
9.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made for Services not satisfactorily performed. Consultant shall be
compensated for all other Services rendered up to the time of receipt of said
written termination.
9.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant, in writing,
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 6 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 6.
9.4 Termination By Consultant. The Consultant may only terminate this Agreement for
cause in the event that the City willfully violates any provisions of this Agreement, fails
to timely perform its responsibilities under this Agreement as established in Schedule
"A", Scope of Services, or unreasonably delays payment for the Services, upon written
notice to the City, thirty (30) days prior to termination. In that event, payment for
Services satisfactorily performed by the Consultant and accepted by the City prior to
receipt of a Notice of Termination shall be made in accordance with Article 6 herein. In
the case of termination by Consultant for cause, the City shall be granted a thirty (30) day
cure period after receipt of written notice from the Consultant.
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9.4.1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
9.5 Implementation of Termination. In the event of termination, either for cause or
for convenience, the Consultant, upon receipt ofthe Notice of Termination, shall (1) stop
the performance of Services under this Agreement on the date and to the extent specified
in the Notice of Termination; (2) place no further orders or subcontracts except for any
that may be authorized, in writing, by the City Project Coordinator, prior to their
occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the
performance of the Services terminated by the Notice of Termination; (4) promptly
assemble and submit, as provided herein, all documents for the Services performed,
including drawings, calculations, correspondence, and all other relevant materials
affected by the termination; and (5) complete performance of any Services as shall not
have been terminated by the Notice Of Termination, And As Specifically Set Forth
Therein.
9.6 Non Solicitation. The Consultant warrants that it has not employed or retained any
company or person, other than an employee working solely for the Consultant, to solicit
or secure this Agreement; and that it has not paid, nor agreed to pay any company or
other person any fee, commission, gift or other consideration contingent upon the
execution of this Agreement. For breach or violation of this warranty, the City has the
right to terminate this Agreement without liability to the Consultant for any reason
whatsoever.
ARTICLE 10. INSURANCE
10.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
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(a) Professional Liability Insurance in the amount of One Million ($1,000,000.00)
Dollars per occurrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggregate. Consultant shall notify City in writing within thirty (30) days
of any claims filed or made against the Professional Liability Insurance Policy.
(b) Comprehensive General Liability Insurance in the amount of
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured
on this policy.
(c) Worker's compensation and employer's liability coverage if required under
Florida law.
10.2 The Consultant must give thirty (30) days prior written notice of cancellation or of
substantial modifications in the insurance coverage, to the Project Coordinator.
10.3 The insurance must be furnished by an insurance company rated B+:VI or better, or
its equivalent, according to Bests' Guide Rating Book and must additionally be furnished
by insurance companies duly authorized to do business in the State of Florida and
countersigned by the company's Florida resident agent.
10.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance
policies required above. City reserves the right to require a certified copy of such policies
upon request. All certificates and endorsements required herein shall state that the City
shall be given thirty (30) days notice prior to expiration or cancellation ofthe policy.
ARTICLE 11. INDEMNIFICATION
Consultant herein agrees to indemnify and hold harmless the City, and its officer and
employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, to 'the extent caused by the negligence, recklessness, or
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intentionally wrongful conduct of the Consultant and other persons employed or utilized
by the Consultant in the performance of the Agreement. This Article 11, and
Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
ARTICLE 12. VENUE
12.1 This Agreement shall be enforceable in Miami-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
Miami-Dade County, Florida.
12.2 This Agreement shall be governed by, and construed in accordance with, the laws
of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall
be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,
OR ARISING OUT OF, THIS AGREEMENT.
ARTICLE 13. LIMITATION OF LIABILITY
13.1 The City desires to enter into this Agreement only if in so doing the City can place a.
limit on City'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 amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. 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
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant.
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Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
of the amount of fees due under this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant 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 subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Section 768.28, Florida Statutes.
ARTICLE 14. MISCELLANEOUS PROVISIONS
14.1 The laws of the State of Florida shall govern this Agreement.
14.2 Equal Opportunity Employment Goals: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
color, religion, sex, age, national origin, or disability.
14.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed
on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a
bid on a contract with the City for the construction or repair of a public building or public
work, may not bids or leases of real property to the City, may not be awarded or perform
work as a contractor, supplier, subcontractor, or subconsultant under a contract with the
City, and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36
months from the date of being placed on the convicted vendor list. Violation of this
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Section by Consultant shall result m cancellation and may result m Consultants
debarment.
14.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
14.5 The Consultant represents that it has made and will make reasonable investigation of
all subconsultants to be utilized in the performance of work under this Agreement to
determine that they possess the skill, knowledge and experience necessary to enable them
to perform the services required. Nothing in this Agreement shall relieve the Consultant
of its prime and sole responsibility for the performance of the work under this
Agreement.
14.6 The Consultant, its consultants, agents and employees and subconsultants, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Project.
14.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
14.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
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and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 15. NOTICE
15.1 All written notices given to City by Consultant shall be addressed to:
City of Miami Beach
Planning Department
c/o Planning Director Jorge Gomez
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Craig Richardson, Vice President and Principal
Clarion Associates
1526 E. Franklin Street, Ste 102
Chapel Hill, N. C. 27516
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
ATTEST:
CITY OF MIAMI BEACH
1l~O ~C\A~
h~:
City Clerk
Robert Parcher
(
Vice-Mayor Jerry Libbin
CLARION ASSOCIATES OF
COLORADO, LLC.
.-'
ATTEST:
By:
Signature/Title
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR ON
~~
~
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SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES
SCOPE OF SERVICES
General Description and Purpose
This Scope of Services involves completion of Part One of a two part planning and
implementation process for the City of Miami Beach. The overarching goal of this two part
Project is to develop a planning and regulatory system to evaluate the impacts and then
appropriately mitigate Major Development Projects within the City.
Part One: The Policy Framework, focuses on the development of a policy framework for the
effort. This will be done through three primary tasks. First (Task 1: Proiect Initiation and
Scoping), the Consultant, with assistance from City staff, will establish baseline conditions in the
City relevant to the development of a policy framework, and confirm the goals for the project
established by the policy makers. This will include the synthesis of information related to the
future growth/land use allocation under the City's Comprehensive Plan; evaluation of existing
and future transportation conditions (based on existing data as provided by the City), and off-
street parking conditions; evaluation of the existing and future conditions of other public
facilities relevant to the effort (schools and parks); evaluation of the City's Concurrency
Management System; evaluation of affordable housing conditions; evaluation of relevant fiscal
conditions; and evaluation of the existing regulatory environment for Major Development
Projects. It will also involve a work session/kick-off meeting with the City Commission to
discuss the Project and its schedule, and re-confirm the goals for the Project. Second (Task 2:
Policy Options for Planning for, Re?:ulating and Mitigating Maior Development Proiects), the
Consultant will prepare a policy options report that outlines the various planning and regulatory
policy options available to the City. It is contemplated that the options will include both
planning, regulatory and fiscal options. Third (Task 3: Work session on Policy Options), the
Consultant will conduct a work session with the City Commission to discuss the policy options,
and then get direction from the Commission on which policy option(s) they want to implement.
Part Two: Implementation (Not budgeted as part of Scope of Services), involves the actual
implementation of the policy option(s) selected by the City Commission. It could include
Comprehensive Plan amendments, regulatory modifications, and/or changes to laws and
programs related to fiscal issues, and paying for the costs the City incurs to accommodate Major
Development Projects. Part Two: Implementation, would only begin after the decision makers
have made a decision about the most appropriate Implementation option, and directed Consultant
to proceed with a specific implementation option. Because there are a significant variety of
Implementation options the City will be considering in this Project, the specific work program
for Phase 2: Implementation, cannot be developed until completion of Phase 1.
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PART ONE: THE POLICY FRAMEWORK
TASK 1: PROJECT INITIATION AND RECONFIRMATION OF PROJECT GOALS
General
In Task 1, the Consultant will:
. Review the base-line data, appropriate demographic information, studies, and related land
use information provided by City staff. This will include:
o Data showing the remaining allocation of development under the City's
Comprehensive Plan.
o The approved but unbuilt development in the City, and its type.
o Existing land use conditions.
o The future capacity for development under existing zoning.
. Review the base-line data and projections related to transportation conditions provided by
City staff. This will include:
o Existing conditions of the road system;
o Projected condition of the road system in 5, 10, and 20 years.
o Existing condition of the public transportation system.
. Review the base-line data and related information provided by City staff on off-street
parking conditions, and future options for off-street parking.
. Review the baseline conditions and projections related to public schools, provided by
City staff.
. Review the baseline conditions and projections related to parks, provided by City staff.
. Review baseline conditions related to housing affordability for the work force, provided
by City staff.
. Review and evaluate the City's Concurrency Management System.
. Review the City's existing Comprehensive Plan and land development regulations, as
they relate to the review of Major Development Projects.
. Review the City's budget and capital improvement plan as it relates to expenditures for
roads, schools, and parks.
. Prepare draft Goals for the Project.
. Conduct two days of reconnaissance of the City to see how issues are playing out, and
meet with City staff.
. Conduct an initial kick-off meeting/ work session with the City Commission to discuss
project goals and related issues.
Specific Tasks
Task 1.1 - Review Base-line Data. and Studies. City staff will transmit to Consultant a
summary of all relevant background documents, data, and information for review prior to the
reconnaissance and kick-off meeting/work session with the City Commission. These studies and
data will include, at a minimum:
. Data showing the remaining allocation of development under the City's Comprehensive
Plan.
. The approved but unbuilt development in the City, and its type.
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. Existing land use conditions.
. The future capacity for development under existing zoning.
. Base-line data and projections related to transportation conditions. This will include:
o Existing conditions of the road system;
o Projected conditions of the road system in 5, 10, and 20 years.
o Existing conditions of the public transportation system.
o Planned and proposed public transportation improvements.
o Existing conditions of the pedestrian and bicycle network.
o Planned and programmed improvements for the pedestrian and bicycle network.
. Base-line data and related information on off-street parking conditions, and future options
for off-street parking.
. Baseline conditions and projections related to public schools.
. Baseline conditions and projections related to parks.
. Baseline conditions related to housing affordability for the work force.
. The City's concurrency management system.
. The City's existing Comprehensive Plan (including FLUM) and land development
regulations.
. The City's budget and capital improvement plan as it relates to expenditures for roads,
schools, and parks.
. Regional and other local plans, transportation studies, or park or school studies, as they
might relate to the project.
. Demographic data, data on existing population, and population estimates.
. Other relevant background studies and information (e.g., settlement agreements with the
Florida Department of Community Affairs (FDCA)).
Task 1.2 - Prepare draft Goals. Based on a review of the background data and discussion with
City staff, the Consultant will prepare a draft set of general Goals for the Project. The Goals will
be informed by Consultant's review of the background data and studies outlined above. A
preliminary draft of the Goals will be provided to City staff for review and comment. City staff
will provide Consultant a consolidated set of comments. After City staff review and comment on
the draft Goals, Consultant will make mutually agreed changes to reflect comments and
suggestions. The Goals will be provided to the public and City Commission prior to the kick-off
meeting/work session with City Commission in Task 1.
Task 1.3 - Reconnaissance and Interviews. After review of the data, studies, plans, and
regulations provided by City staff in Task 1.1, and preparation of the draft Goals in Task 1.2,
Consultant will make Trip 1 to the City to participate in two days of reconnaissance and
meetings with City staff, to see how issues are "playing out on the ground." In addition to
reconnaissance, Consultant will spend one day interviewing stakeholders and elected officials to
get their individual input about their goals for the Project, and insight on particular issues.
During the reconnaissance and interviews, Consultant will also document issues and goals of
relevance to the project.
Task 1.4 - City Commission Kick-off Meeting/Work session. During Trip 1, Consultant will
facilitate and present materials at a kick-off meeting/work session with the City Commission on
the Project. The purpose of the kick-off meeting/work session will be to discuss the project
goals, work plan (scope of services), process, and schedule, and discuss the baseline conditions
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that inform the goal-setting and the policy options. The Consultant will receive input from the
City Commission regarding Project goals, the schedule, the baseline data and existing conditions.
Task 1:
Responsibilities and Work Product
Consultant Responsibilities/Deliverables:
y' Review base-line materials (data, studies, plans, development codes, regulations, etc., sent by City staff).
y' Prepare draft Goals for Project.
y' Participate in reconnaissance to see how issues are playing out on the ground.
y' Meet with City staff to refine work plan/ scope of services.
y' Conduct work session/kick-off meeting with City Commission on project Goals and related issues.
City Staff Responsibilities:
y' Deliver two copies of all data, studies, plans, codes, studies, and related documents, as outlined in Task 1.
y' Summarize background data as described in Task 1
y' Review and provide consolidated set of comments on Goals of Project.
y' Set up logistics for, and go with Consultant on reconnaissance.
y' Meet with Consultant to refine work plan/ scope of services.
y' Organize work session/kick-off meeting with City Commission.
Trip 1:
y' One, two day trip to City for reconnaissance, meetings with City staff, interviews, and kick-off meeting/work
session with City staff.
Completion Date: One month after City staff provision of base-line materials to Consultant outlined in Task 1
(estimated to be two months after execution of Agreement).
TASK 2: PREPARE POLICY OPTIONS MEMORANDUM
General
In Task 2, the Consultant will:
o Prepare Policy Options for Planning for, Regulating, and Mitigating Major Development
Projects; and
o Revise the Policy Options memorandum, based on City staff comments.
Specific Tasks
Task 2.1 - Prepare Policy Options Memorandum. After completion of Task I and direction
from City Commission on the Goals, Consultant will prepare Policy Options for Planning for,
Regulating, and Mitigating Major Development Projects. It is a Policy Options memorandum
that generally does the following:
. Summarizes the existing conditions relevant to the design of a planning and regulatory
system to assess the impacts and mitigate Major Development Projects.
. Outlines the Goals of the Project.
. Discusses options available to the City to address the issue, in ways that are consistent
with the Goals and legal requirements; and
. Recommends several implementation approaches.
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The summary of existing conditions will focus on the following substantive areas as they
might be affected by Major Development Projects: land use; roads and off-street parking; public
transportation, parks; schools, affordable housing; fiscal conditions and paying for growth; and
concurrency management. More specifically, this section will:
. Identify the potential for Major Development Projects to impact the City, given the
remaining capacity for growth and development in relation to what is allocated under the
City's Comprehensive Plan and zoning;
. Identify existing land use conditions and the potential to encourage land uses that have
the potential to reduce certain public facility impacts (e.g., mixed use development);
. Identify base-line data and projections related to transportation conditions, including
existing and projected conditions of the road system, in order to evaluate mitigation
options available for transportation impacts;
. Identify base-line data and related information on off-street parking conditions, and
future options for off-street parking.
. Identify baseline conditions and projections related to public schools and parks, and the
potential for the design of mitigation options.
. Evaluate the City's budget and capital improvement plan as it relates to expenditures for
roads, schools, and parks, and how and whether fiscal issues should fit into a planning
and mitigation program for Major Development Projects.
. Identify baseline conditions related to housing affordability for the work force and the
potential to develop mitigation options.
. Evaluate the City's Concurrency Management System, and its potential relationship to
any type of planning and mitigation program for Major Development Projects.
. Evaluate the City's existing Comprehensive Plan (including FLUM) and land
development regulations, and their potential relationship to any type of planning and
mitigation program for Major Development Projects.
. Identify any other relevant background studies and information (e.g., settlement
agreements with the Florida Department of Community Affairs (FDCA)) that might
affect the design of a program.
The section on project Goals will be based on the Goals presented and discussed with the
City Commission in Task 1, with any changes directed by the City Commission.
The section on policy options will outline different options (tools) available to the City in the
design of a planning, regulatory, and mitigation program for Major Development Projects. The
options presented will be integrated and coordinated with each other (it is contemplated that the
program will probably have multiple parts, so the component parts will be structured and
coordinated to be complete and self-supporting). Where other local governments either in Florida
or other parts of the nation have used the options (tools) highlighted, the section will provide a
brief discussion of the local government's use of the tool, and its pros and cons. Also, and where
relevant, this section of the memo will identify any legal, administrative, institutional, or other
potential limitations with the tool.
Based on the discussion and evaluation of potential options available to the City in the design of
a planning, regulatory, and mitigation program for Major Development Projects in the previous
section, the concluding section of the memo will recommend one or two of the options for the
City. The options presented will be integrated, coordinated, and self-supporting. The section will
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also discuss any legal, administrative, institutional, or other potential limitations with the options,
and outline what needs to be done to implement the option. It is contemplated that the option(s)
will be broad-based, and could involve both Comprehensive Plan and regulatory amendments, as
well as other support studies.
Task 2.2 - Revise Draft Policy Options Memo. A preliminary draft of Policy Options for
Planning for, Regulating, and Mitigating Major Development Projects, will be provided to City
staff for one round of review and comment. City staff will provide Consultant a consolidated set
of comments. After City staff review and comment on the draft Policy Options Memo,
Consultant will make mutually agreed changes to reflect comments and suggestions. The memo
will then be provided to City staff for distribution to the public and City Commission prior to the
worksession with City Commission on the Policy Options Memo in Task 3.
Task 2:
Responsibilities and Work Product
Consultant Responsibilities/Deliverables:
'" Prepare draft Poliry Options for Planningfor, Regulating, and Mitigating Major Development PfY!jects.
'" Revising Policy Options Memo, based on City staff comments.
City Staff Responsibilities:
'" Review and provide consolidated set of comments on Poliry Options for Planningfor, Regulating, and Mitigating Major
Development Projects.
'" Distribute Policy Options Memo to City Commission and public.
Completion Date: Two and one-half months after completion of Task 1
TASK 3: WORK SESSION ON POLICY OPTIONS MEMO
After completion of Policy Options for Planning for, Regulating, and Mitigating Major
Development Projects, the Consultant will conduct a work session with the City Commission to
discuss, present, and get input from the City Commission and the public on the Policy Options
Memo. The purpose of the work session is for Consultant to outline the issues and considerations
relevant to the design and implementation of a planning, regulatory, and mitigation program for
Major Development Projects for the City, and discuss the recommended option(s), and receive
direction on the appropriate Implementation option from the City Commission.
It is only after receipt of direction from City Commission that Consultant can proceed to Phase 2:
Implementation.
Task 3:
Responsibilities and Work Product
Consultant Responsibilities / Deliverables:
'" Conduct work session on Policy Memo with City Commission, receive input and direction.
City Staff Responsibilities:
'" Organize work session with City Commission.
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Major Development Projects - Mitigation System
July 12 .2006
~ One, one day trip to City for work session with City Commission on Policy Memo.
Completion Date: Three weeks after completion of Task 2.
PART TWO: IMPLEMENTATION
Part Two: Implementation, involves the actual implementation of the policy option(s) selected by
the City Commission in Task 3. It could include Comprehensive Plan amendments, regulatory
modifications, and/or changes to laws and programs related to fiscal issues, and paying for the
costs the City incurs to accommodate Major Development Projects.
Part Two: Implementation, only begins after the decision makers have made a decision about the
most appropriate Implementation option(s), and directed Consultant to proceed with a specific
implementation option. Because there are a significant variety of Implementation options the
City will be considering in this Project, the specific work program for Phase 2: Implementation,
cannot be developed until completion of Phase 1. It can be developed either concurrent with or
shortly after the City Commission's consideration of Policy Options for Planning for,
Regulating, and Mitigating Major Development Projects.
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Major Development Projects - Mitigation System
July 12,2006
SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES
CONSULT ANT COMPENSATION
In consideration of the services to be performed by the Consultant under this Agreement, City
agrees to pay Consultant an amount not to exceed $49,852.00. See schedule below for
compensation by task.
TASKS
COMPENSA nON
PART ONE: THE POLICY FRAMEWORK
Task 1: Project Initiation/Project Goals
$19.101.00
Task 2: Prepare Policy Options Memorandum
$21,390.00
Task 3: Work Session on Policy Options Memo
$9,361.00
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Major Development Projects - Mitigation System
July 12 , 2006
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES
HOURLY BILLING RATE SCHEDULE
Classification
Hourlv Billim! Rate (FY 2006)
CLARION ASSOCIATES
Principal 1 Project Manager
Principal Advisor
Associate
Associate
$190.00 per hour
$210.00 per hour
$110.00 per hour
$65.00 per hour
TISCHLER ASSOCIATES
Principal! President
PrincipalN ice-President
Senior Associate
Associate
$200.00 per hour
$190.00 per hour
$185.00 per hour
$160.00 per hour
GLATTING JACKSON
Principal 4
Transportation Engineer 4
Transportation Engineer 3
Transportation Engineer 1
Principal 6
Principal 2
Planner 4
Planner 4
Graphic Artist 2
Administrative Assistant
$225 per hour
$130 per hour
$110 per hour
$75 per hour
$275 per hour
$190 per hour
$$130 per hour
$ 130 per hour
$85 an hour
$60 per hour
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Major Development Projects - Mitigation System
July 12 . 2006
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES
PROJECT SCHEDULE
Task
Description:
Completion Date
.._---~-----_.__._------'-_._-----_._. -- --. ....----.---.------..--..-...--------------
PART ONE: THE POLICY FRAMEWORK
One month after City staff provision of
baseline materials to Consultant outlined
in Task 1 (estimated to be two months
after Notice to Proceed
Two and one-half months after
completion of Task 1
Three weeks after Completion of Task 2
1
Project Initiation and Reconfirmation of
Proj ect Goals
2
Prepare Policy Options Memorandum
3
Work Session on Policy Options
Memorandum
PART TWO: IMPLEMENTATION
Work Program and schedule to be determined after completion of Part One: The Policy
Framework
The above durations include, in working days, the response time of the City and the Project
Manager.
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