21South Miami
To: The Honorable Mayor & Members of the City Commission
Via: Hector Mirabile, PILD., City Manager /W
From: Lourdes Cabrera, Acting Planning Director
Date: April 19, 2011
Item No.:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to a
contract; authorizing the City Manager to execute an Agreement between Iler Planning and City of
South Miami for the purposes of providing consultant services to the Planning and Zoning
Department for the preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report
(EAR) in the amount of $ 33,675 total for FY 2010 -2011 and FY 2011 -2012; funding for the
contract shall come from the Planning and Zoning Department Account No. 001 - 1620 -524 -3450
(Contractual Services); and providing an effective date.
Background
On March 15, 2011, the City Commission selected Iler Planning for consulting services to the Planning
and Zoning Department via Resolution No 44 -11 -13358 at a public hearing in order to supplement the
Department in preparing the 2012 Comprehensive Plan Evaluation and Appraisal Report (EAR). Through
the City issued RFP No. SM -FN- 2011 -12, the Scope of Services contained 10 tasks to be performed in
preparation of the EAR Document, with the end product being a completed EAR Document that will be
delivered to the Florida Department of Community Affairs, by September 30, 2012.
Attached is the Agreement for Professional Planning Services between Iler Planning (Consultant) and the
City of South Miami (City) for a total price of $33,675. Included in this Agreement is the Scope of Work
and schedule for services which is contained in Exhibit "A" (attached).
Account
Funding for this agreement will come from the Contractual Services, Account No. 001 - 1620 -524 -3450,
which is held by the Planning and Zoning Department with a current balance of $63,403 ($11,225 will be
paid for the current FY 2010 -2011 and $22,450 will be paid for FY 2011 -2012, which will total in the
amount of $33,675 total).
Recommendation
It is recommended that the attached resolution be approved which authorizes the City Manager to enter
into an agreement with Iler Planning for the purposes of providing consultant services to the Planning and
Zoning Department in order to assist in the preparation of the 2012 Comprehensive Plan Evaluation and
Appraisal Report (EAR).
Backup Documentation
Proposed Resolution; Agreement for Professional Planning Services, Exhibit A —South Miami 2011 Comprehensive Plan EAR
Project — Scope of Work; Resolution No 44- 11- 13358; and Public Notices.
LCH Z: \Comm Items\2011 \4 -19 -1 REAR - CONTRACT AGREEMENT - ILER PLANNING\EAR - ILER PLANNING (CONTRACT AGREEMENT)
Report.doc
I RESOLUTION NO.
2
3 A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
4 relating to a contract; authorizing the City Manager to execute an Agreement between Iler
5 Planning and City of South Miami for the purposes of providing consultant services to the
6 Planning and Zoning Department for the preparation of the 2012 Comprehensive Plan
7 Evaluation and Appraisal Report (EAR) in the amount of $ 33,675 total for FY 2010 -2011
8 and FY 2011 -2012; funding for the contract shall come from the Planning and Zoning
9 Department Account No. 001 - 1620 -524 -3450 (Contractual Services); and providing an
10 effective date.
11
12 WHEREAS, on March 15, 2011, the City selected Iler Planning for consulting services
13 to the Planning and Zoning Department via Resolution No 44 -11 -13358 at a public hearing in
14 order to supplement the Department in preparing the 2012 Comprehensive Plan Evaluation and
15 Appraisal Report (EAR); and,.
16
17 WHEREAS, the City of South Miami is required to submit to the State of Florida by
18 September 30, 2012 an Evaluation and Appraisal Report on its Comprehensive Plan; and
19
20 WHEREAS, through the City issued RFP No. SM -FN- 2011 -12, the Scope of Services
21 contained 10 tasks to be performed in preparation of the EAR Document, with the end product
22 being a completed EAR Document that will be delivered to the Florida Department of
23 Community Affairs, by September 30, 2012; and,
24
25 WHEREAS, the Agreement for Professional Planning Services between Iler Planning
26 (Consultant) and the City of South Miami (City) for a total price of $33,675. Included in this
27 Agreement is the Scope of Work and schedule for services which is contained in Exhibit "A"
28 (attached).
29
30 WHEREAS, the cost of the consultant services to the Planning and Zoning Department
31 to assist in the preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report
32 (EAR) will be $11,225 for FY 2010 -2011 and $22,450 for FY 2011 -2012, with a total contract
33 cost of $ $33,675 extended through both fiscal years; and
34
35 WHEREAS, the City Manager is requesting authorization to contract with Iler Planning
36 in the total amount of $33,675 for FY 2010 -2012 for the provision of professional services to
37 assist the Planning and Zoning Department in preparing the Comprehensive Plan Evaluation and
38 Appraisal Report (EAR); and
39
40 WHEREAS, funding for the contract in FY 2010 -2011 Budget shall come from the
41 Planning and Zoning Department Account No. 001 - 1620 -524 -3450 (Contractual Services) with a
42 current balance of $63,403.
43
44 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
45 OF THE CITY OF SOUTH MIAMI, FLORIDA:
46
47
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3 Section 1. The City Manager is authorized to enter into an agreement with Iler Planning
4 for the purposes of providing consultant services to the Planning and Zoning Department in order
5 to assist in the preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report
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(EAR).
Section 3. The cost of the consultant services to the Planning and Zoning Department to
assist in the preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report
(EAR) will be $11,225 for FY 2010 -2011 and $22,450 for FY 2011 -2012, with a total contract
cost of $ $33,675 extended through both fiscal years.
Section 4: This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this day of 2011
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
LCHY: \Comm Items \2011 \4 -19 -11 \EAR - CONTRACT AGREEMENT- ILER PLANNING \EAR -
ILER PLANNING Resolution.doe
AGREEMENT FOR PROFESSSIONAL PLANNING SERVICES
THIS AGREEMENT made this — day of 2011 by and between ILER
PLANNING ( "Consultant ") and the CITY OF SOUTH MIAMI ( "City "),
WHEREAS, the City recently issued RFP NO. SM -FN 2011 -02 for Evaluation &
Appraisal Report (EAR) Consulting Services ( "Services ") which was publicly- noticed pursuant to
State law and received bid proposals from eight (8) firms;
WHEREAS, at its March 15, 2011 meeting, the South Miami City Commission
considered the proposals at a public hearing and selected the Consultant to perform the subject
Services for the submitted price of $33,675;
NOW THEREFORE in consideration of the mutual terms and conditions herein set forth,
the City and Consultant jointly agree as follows:
I. Professional Services. The scope of work and schedule for the services under this
Agreement is contained in Exhibit A (attached). The Services generally involve the preparation of
the City's 2011 -2012 EAR, as required by State law, approval by the City's Local Planning
Agency, City Commission, South Florida Regional Planning Council, other required agencies and
transmittal to the Florida Department of Community Affairs ( "DCA ") for review. These services
shall include all necessary work including but not limited to corrections and amendments to the
EAR required to obtain the approval of the DCA. At the City's option, the Consultant may also be
requested to undertake, on a work order basis, related additional planning services including, but
not limited to, EAR -based amendments following final approval by DCA, green master plan,
grant preparation and community sustainability programs.
2. Compensation. The Consultant will complete the services contained in Exhibit A at a
cost not to exceed $33,675. The City agrees to compensate the Consultant in the amount of
$33,675 for the completion of said services. The City will be responsible for the following
activities and their associated cost: making a location available, public notice and documents for
workshops; extra copies of Consultant's work products; public hearing notices; drafting of any
resolutions and ordinances;. Consultant will submit regular monthly invoices for services
performed on a progress basis pursuant to the schedule of value for the scope of work and the
City agrees to pay those invoices within 30 days of receipt, provided the work invoiced has been
completed. Therefore, contract price shall be divided by the estimated months required to
complete the contract tasks to establish equal monthly payment. However, in the event that a
Project Scheduled task has not been completed by the Project Scheduled date found in the Scope
of the Work, then monthly payments shall be suspended until the Consultant has completed said
task. In the event of a delay due to action or inaction of the City that is not due to the action or
inaction of the Consultants, the Project Schedule shall be readjusted accordingly.
3. Termination. This Agreement may be terminated prior to final completion by the City
upon thirty (30) day written notice. In the event of termination by the City, the Consultant will be
paid, as hereinafter provided, for all authorized and completed services to the date of such
termination. The amount payable to the Consultant in the event of termination will be a pro rata
amount determined on the basis of the amount and value of the work performed, prior to the
Consultant's receipt of termination notice.
4. Insurance. The Consultant shall secure and maintain throughout the duration of this
Agreement insurance of such type and in such amounts as required by the City and as described
in RFP NO. SM -FN 2011 -02. The City shall be listed as an additional insured on the policies. In
the event the insurance coverage expires prior to completion of the term for City contract, a
renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide
for a 30 -day notice to the City in the event of cancellation or modification to the policy. Unless
otherwise specified, it shall be the responsibility of the Consultant to insure that all sub -
consultants comply with the same insurance requirements herein. All propose certificates of
insurance must be on file with and approved by the City before the commencement of work
activities. Waivers of subrogation shall also be provided upon approval of the applicable insurers.
The Consultant shall provide for the "flow down" of this provision to all sub - consultants.
The limits of insurance required above must be retained throughout the term of the contract. The
proposing Consultant must notify the City immediately if any of the required coverage limits are
reduced due to claim activity or for any other reason.
5. Nondiscrimination. The Consultant pledges that it will not discriminate against any of
its employees or applicants for employment based on their race, color, religion, sex, or national
origin, and to abide by all Federal and State laws regarding discrimination.
6. Assignment, This Agreement shall not be assigned in whole or in part by the
Consultant, without express written consent of the City.
7. Indemnification. The Consultant shall defend, indemnify and hold harmless the City
and City officers and employees from any claims, liabilities, damages, losses and costs, to the
extent caused by the negligence, recklessness, omissions, or intentional wrongful conduct,
whether direct or indirect, of the Consultant, its employees or other persons utilized by the
Consultant in the performance of this Agreement.
8. Controlling Law. This Agreement is to be governed by the laws of the State of Florida
and venue shall rest solely in Miami -Dade County, Florida.
4. Venue. Venue in any proceeding instituted under this Agreement shall be Miami -
Dade County, Florida. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Florida.
10. Construction. The language in all parts of this Agreement will be construed as a
whole according to its fair meaning and not strictly for or against any party. Each party has
a
reviewed this Agreement with their respective counsel. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this
Agreement or any amendments to it
1L Amendments. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior discussions, negotiations, agreement and understandings,
whether oral or written, with respect to its subject matter. This Agreement may be modified only
by a written instrument executed by CITY and CONSULTANT. No amendments or
modifications of this Agreement, whether oral or implied by the acts or omissions of a party to
this agreement, shall amend or modify this agreement until and unless it is reduced to writing and
signed by the party to the Agreement against whom the amended or modified agreement is sought
to be enforced.
12. Waiver. The non - enforcement of any provision by either party to the Agreement
shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision
or the remainder of this Agreement.
13. Ownership and Access to Records. All records and documents generated by the
Consultant that result from the provision of the Services to the City under this Agreement shall be
the property of the City. The City Manager, or his designated representative, may review all such
records and documents during normal business hours while the project is in progress with proper
notice to the Consultant.
14. Severability. Any provision in this Agreement that is prohibited or unenforceable
under any law shall be ineffective to the extent of such prohibitions or unenforceability, without
invalidating the remaining provisions herein. In the event a court of competent jurisdiction
declares any term or provision of this Agreement to be invalid or unenforceable for any reason,
this Agreement will remain in full force and effect, and either:
(a) the invalid or unenforceable provision will be modified to the minimum extent
necessary to make it valid and enforceable; or
(b) if such a modification is not possible, this Agreement will be interpreted as if that
invalid or unenforceable provision were not a part of this Agreement.
15. This agreement incorporates the RFP NO. SM -FN 2011 -02, the response to RFP NO.
SM -FN 2011 -02 submitted by the Consultant by reference. In the event of any conflict among
the documents, this Consulting agreement shall take precedence. In the event of any conflict
between the response to RFP NO. SM -FN 2011 -02 and the RFP NO. SM -FN 2011 -02 itself, the
RFP NO. SM -FN 2011 -02 shall take precedence, unless otherwise provided in this agreement.
IN WITNESS WHEREOF, the City and Consultant have made, accepted and executed
this Agreement upon the terms and conditions stated herein on the day and year first written
above.
3
ILER PLANNING
Henr B. Iler, A CP
Pre t/Princio I
40(94dot ?e
CITY OF SOUTH MIAMI
Hector Mirabile, Ph.D.
City Manager
Witness:
Maria M. Menendez
City Clerk
Read and Approved for Legal
Sufficiency:
Thomas F. Pepe, Esquire
City Attorney
Exhibit A
South Miami 2011 -2012 Comprehensive Plan EAR Project
Scope of Work
Task 1 - Assessment of Major Issues and Public Involvement. The consultant will begin the
initial issue identification process on the effective date of the ordinance that approves this
contract. All efforts associated with this task will be performed in support of the identification
of issues facing the City which are associated with the EAR. These Issues may range anywhere from
quality -of -life and community sustainability to urban services, traffic congestion and mobility,
parks and open space, development( redevelopment, environment, economic growth and
housing.
The consultant will meet with key City staff and officials to gather input on the relevant
issues affecting the City. In addition, the consultant shall perform all activities required for the
approval of the EAR by DCA including but not limited to working with City staff to conduct the
required public workshops to be scheduled and organized by the City, meetings with elected
officials, appointed officials, City staff and other government agencies. The purpose of the
public workshops will be to discuss and receive public input on the relevant local planning issues
that will be addressed in the EAR. After the public workshops have been held, the consultant
will conduct necessary meetings with adjacent local jurisdiction, State, regional and county
agencies to receive their input on the relevant issues that have been identified, and to identify
any additional issues that should be addressed. Throughout the EAR process, the consultant will
coordinate with groups, agencies and boards including but not limited to those listed below.
• City Commission
• Local Planning Agency
• Planning Boards
• City Staff
• School Board
• Chamber of Commerce
• Homeowners' Associations
• Builders' Associations
• Civic Groups
• Representatives of Adjacent Local Governments
• Additional Agencies as Requested by City Staff.
Task 2 - Interagency Scoping Meeting. The consultant will conduct interagency coordination.
The South Miami. Planning and Zoning Department will assist in conducting the interagency
scoping meeting, as set forth in the Consulting Agreement to which this Exhibit A (Scope of
4
Work) is attached. Agencies involved in this task (and throughout the EAR process) will include:
adjacent municipalities, Miami -Dade County, Florida Department of Transportation, South
Florida Regional Planning Council, Department of Environmental Protection, South Florida
Water Management District, Miami -Dade County School Board, and the Florida Department of
Community Affairs. The result of Tasks 1 and 2 will be compiled into a report that summarizes
all issues identified for further research and updating. This report will be submitted to City staff
for review and consideration, and the State of Florida in order to receive a Letter of
Understanding. Any and all of the valid issues identified in this task will be addressed in the EAR
document (Task 4) Task 2 shall be completed on August 15, 2011.
Task 3 - Review and Evaluation of the Comprehensive Plan. The purpose of this task is to
perform a comprehensive review on an element -by- element basis of the Plan in order to
identify and evaluate successes or shortcomings in achieving the City's goals, objectives and
policies (GOPs). This analysis and associated recommendations to amend or adjust the City's
goals, objectives and policies and it will be incorporated into the EAR document. City staff input
will be required, upon request of the Consultant to accurately assess the implementation status
of GOPs. Task 3 shall be completed on October 15, 2011.
Task 4 - Development and Preparation of the Draft EAR. The purpose of this task is to develop
and prepare, in coordination with City staff, the draft Evaluation and Appraisal Report in
accordance with Chapter 163, F.S., including but not limited to section 163.3191. The issues
identified in Tasks 1 and 2 will be described, analyzed, and evaluated for potential social,
economic and environmental impacts. A series of Comprehensive Plan amendments to address
these issues will be recommended. In addition, the draft EAR will include:
• Description of the process used to ensure public participation;
• Updated population estimates;
• Changes in land area;
• Vacant land for future development;
• Demands of growth on infrastructure;
• Location of development;
• Recommendations for amending the Future Land Use Map (FLUM);
• Coordination of school locations, and an evaluation of successes and shortcomings in
coordinating residential development and public school capacity;
• List of changes needed in the comprehensive plan due to changes in state law, regional
plans and/or administrative rules; and
• Other issues as may be directed by City staff.
0)dI
The above elements will comprise the 15t draft of the EAR to be submitted to City staff for
review and approval. Any comments or suggestions received from staff will be addressed prior
to proceeding to Task 5. Task 4 shall be completed on December 15, 2011.
Task 6 - Public Hearings on Proposed EAR. Consultant, in coordination with City staff, will
make a presentation and participate in a Local Planning Agency (LPA) recommendation hearing
and City Commission transmittal hearing where the proposed EAR is considered. The purpose of
these hearings is to ensure that the public and all concern stakeholders have an opportunity to
review and comment on the draft EAR. Any and all valid comments received during this phase
will be addressed prior to Task 6. Task 5 shall be completed on March 1, 2012.
Task 6 - Transmittal of Approved EAR to the Department of Community Affairs (DCA). During
this task the approved EAR will be transmitted to DCA. Consultant will monitor the review
process via periodic coordination with DCA and SFRPC staffs. Task 6 shall be completed on May
1, 2012.
Task 7 - Response to Objections, Recommendations and Comments (ORC) Report. Once the
ORC is received, consultant will prepare responses as necessary. If required, revisions to the
approved EAR will be recommended to address ORC issues. Task 7 shall be completed on July 1,
2012.
Task 8 - Revise Approved EAR. Following staff approval of the recommended changes, the
approved EAR will be revised and submitted to staff for final review and approval before final
hearing. Task 8 shall be completed on August 1, 2012
Task 9 - Public Hearing to Adopt Proposed EAR. At an advertised public hearing, consult t
will present the final proposed EAR to the City Commission and answer any questions.
Commission action to adopt the EAR will be sought and the Consultant will comply with any
direction receive by the City Commission regarding changes to the EAR.
Task 10 - Transmittal of Proposed EAR to DCA. The consultant shall make any revisions
requested by the Commission at adoption and submit the Final EAR to the City of South Miami
for transmittal to DCA and other review agencies for 45 -day compliance review. Task 10 shall
be completed on September 1, 2012
RESOLUTION NO. 44 -11 -13358
A Resolution of the Mayor and City Commission of the City of South Miami, Florida
authorizing the City Manager to enter into a contract with Iler Plannins for the purposes
of providing consultant services to the Planning and Zoning Department to assist in the
preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report (EAR) in
the amount of $33,675.00 total for FY 2010 -2011 and FY 2011 -2012; the selection of the
firm is a result of a competitively sealed Request for Proposal, RFP No. SM -FN 2011 -02;
funding for the contract shall come from the Planning and Zoning Department Account
No. 001 - 1620 -524 -3450 (Contractual Services); and providing an effective date.
WHEREAS, the City of South Miami is required to submit to the State of Florida by
September 30, 2012 an Evaluation and Appraisal Report on its Comprehensive Plan; and
WHEREAS, the data collection, research and documentation needed for the preparation
of the Evaluation and Appraisal Report requires that the Planning and Zoning Department be
temporarily supplemented by professional consultant personnel; and
WHEREAS, in January, 2011 the City issued RFP No. SM- FN- 2011 -12, a Request For
Proposals (RFP) for consulting services to the Planning and Zoning Department in order to
supplement the Department in preparing the 2012 Comprehensive Plan Evaluation and Appraisal
Report (FAR); and
WHEREAS, on February 11, 2011 eight planning consultant firms responded to the RTP
to assist the Planning and Zoning Department in preparing the Comprehensive Plan Evaluation
and Appraisal Report; and
WHEREAS, the cost of the consultant services to the Planning and Zoning Department
to assist in the preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report
(EAR) will be $11,225.00 for FY 2010 -2011 and $22,450.00 for FY 2011 -2012, with a total
contract cost of $33,675,00 extended through both fiscal years; and
WHEREAS, the City Manager is requesting authorization to contract with Her Planning
in the amount of $11,225.00 for FY 2010 -2011 for the provision of professional services to assist
the Planning and Zoning Department in preparing the Comprehensive Plan Evaluation and
Appraisal Report; and
WHEREAS, funding for the contract in FY 2010 -2011 Budget shall come from the
Planning and Zoning Department Account No. 001 - 1620 -524 -3450 (Contractual Services).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
2
Section 1. The City Manager is authorized to enter into a contract with Iler Plannine in
the amount of $33.675.00 for the provision of professional services to assist the Planning and
Zoning Department in preparing the 2012 Comprehensive Plan Evaluation and Appraisal Report.
Section 2. Funding for the contract in FY 2010 -2011 Budget shall come from the
Planning and Zoning Department Account No. 001 - 1620 -524 -3450 (Contractual Services),which
has a current FY unencumbered balance of $20,170.
Section 3. This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this 1501 day of March, 2011.
ATTEST:
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X:\Comm Stems\2011 \3454 1\EA.R Consultant contract Reso.doc
APPROVED:
&IAWII-14-14
Commission Vote:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Farris:
Yea