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Res. No. 218-06-12359RESOLUTION NO. 218-06-12359 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE DEVELOPMENT AND ADOPTION OF THE 2006 EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $35,000; CHARGING THE AMOUNT TO ACCOUNT NO. 01 -1620- 524 -3450, PLANNING CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida State Statutes require that by December 19, 2007 the City of South Miami must adopt all of the Comprehensive Plan amendments set forth in the 2005 -2006 Evaluation and Appraisal Report; and WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan text amendments as set forth in the Evaluation and Appraisal Report will require that the Planning Department be temporarily supplemented by professional consultant personnel ; and WHEREAS, on December 21, 2004 after the submission of proposals from professional consultants and a review by an Administrative Committee, the City Commission adopted Resolution No. 192 -04 -11971 approving a contract with The Corradino Group, Inc. based upon their submission being the lowest cost estimate and being most responsive to the needs specified in the RFP; and WHEREAS, during the period January, 2005 thru June, 2006 the consultant firm The Corradino Group, Inc. and its subcontractors successfully assisted the Planning Department and guided the City of South Miami through the process of preparing the Comprehensive Plan Evaluation and Appraisal Report which was subsequently accepted by the Florida Department of Community Affairs; and WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan text amendments as set forth in the Evaluation and Appraisal Report is essentially a continuation of the work done by The Corradino Group, Inc. under the contract executed in December, 2004; and WHEREAS, it is appropriate for the City to expand the existing contract with The Corradino Group, Inc in the form of a change order for the purpose of assisting the Planning Department; and WHEREAS, the. City Manager is requesting authorization to expand the existing contract with The Corradino Group, Inc in the amount of $35,000 for the provision of professional services to assist the Planning Department in the preparation, presentation and submittal of the Comprehensive Plan text amendments as set forth in the Evaluation and Appraisal Report; and WHEREAS, funding for the consultant services is included in the Planning Department's FY 2006 -2007 budget expressly for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Res. No. 218 -06 -12359 (2) Section 1. The City Manager is authorized to execute a change order to extend the existing contract with The Corradino Group, Inc., in the amount of $35,000 for the provision of professional services to assist the Planning Department the preparation, presentation and submittal of the Comprehensive PIan text amendments as set forth in the Evaluation and Appraisal Report. Section 2 Funding for the subject contract shall be charged as follows: $35,000 to Account No. 01- 1620 -524 -3450, Planning Consultant Services (current balance $76,800). Section 3: This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this d ay of , 2006 ATTEST: t�- Y CLERK READ AND APPROVED AS TO FORM: CIT ORNEY P:1Comm Items12006111- 28- 061EAR Consultant contract Reso.doc APPROVED: Ia COMMIS VIN VOTE: 4-0 Mayor Feliu: Yea Vice Mayor Wiscombe: absent Commissioner Birts: Yea Commissioner Palmer: Yea Commissioner Beckman : Yea South Miami Ali- Ame�icaCillr • CITY OF SOUTH MIAMI ' INCORPORATED ' t ojv�' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Via: From: Date: The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Sanford A. Youkilis, Acting November 28, 2006 Planning Director ITEM No. 1 Subject: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE DEVELOPMENT AND ADOPTION OF THE 2006 EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $35,000; CHARGING THE AMOUNT TO ACCOUNT NO. 0I -1620- 524 -3450, PLANNING CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. Background: Florida State Statutes require that by December 19, 2007 the City of South Miami must adopt all of the Comprehensive Plan amendments set forth in the 2005 -2006 Evaluation and Appraisal Report (EAR). The EAR which was adopted by the City in February, 2006 and accepted by the State of Florida in May, 2006 contains several hundred technical amendments and updates to the City `s Comprehensive Plan. The preparation, presentation and submittal of the Comprehensive Plan text amendments will require the Planning Department to be temporarily supplemented by professional consultant personnel. In December, 2004 after the submission of proposals from professional consultants and a review by an Administrative Committee, the City Commission approved a contract with The Corradino Group, Inc. During the period 2005 2006 the consultant firm and its subcontractors successfully assisted the Planning Department and guided the City of South Miami through the process of preparing the Comprehensive Plan Evaluation and Appraisal Report. The amendment adoption process is a continuation of the work done for the City by The Corradino Group, Inc. The attached proposed contract is a change order to the original agreement approved by the City Commission on December 21, 2004 via Resolution No. 192-04-1197 1. The contract provides for an expanded scope of services to assist the City in the preparation, presentation and submittal of the EAR Comprehensive Plan text amendments. The consultants will also produce for the City a new Comprehensive Plan document in hard copy and in digital format. The cost of the additional work will be $35,000 which is included in the Planning Department's FY 2006- 2007 budget. Recommendation: It is recommended that the attached resolution be adopted authorizing the City Manager to contract with The Corradino Group, Inc in the amount of $35,000 for the provision of professional services to assist the City and the Planning Department. Funds are available in Planning Department Account No. 01 -1620 -524 -3450, Planning Consultant Services (current balance $76,800). Backup Documentation: Draft Resolution, Draft Contract Resol. No, 192 -04 -11971 SAY P:1Comm Items 12006111- 28- 061EAR Consultant contract CM Report.doc CONSULTING AGREEMENT This Agreement, dated November 14, 2006, is entered into between THE CORRADINO GROUP (the "CONSULTANT ") and the City of South Miami (the CITY). Engagement. The CITY engages CONSULTANT to perform, and CONSULTANT agrees to use its best efforts to perform, the services specifically set forth in the Scope of Services attached hereto, and incorporated herein by reference, as Exhibit A. 2, Term; Good Faith. The term of this Agreement shall be for a period of one year from the date set forth above. Given the nature of the public process entailed in securing governmental approvals, both CITY and CONSULTANT acknowledge and commit to acting in good faith with each other. The Parties agree to not willfully take advantage of the nature of the public review process to manipulate the success of any particular project to the financial or business detriment of the other Party. 3. Compensation. In consideration of the services to be rendered by CONSULTANT during the term of this Agreement, CONSULTANT shall receive a fee as set forth in the Scope of Services attached hereto as Exhibit A 4. Termination. This Agreement shall be terminable by the CITY upon 30 -day notice to CONSULTANT. CONSULTANT will not act to deprive CITY of the business benefit of any of the projects .for which CONSULTANT negotiates on behalf of CITY. CONSULTANT shall be entitled to any fee earned by CONSULTANT hereunder prior to the effective date of any termination, and payment of such fee shall be made within 30 days of being earned. 5. 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. 6. 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 reviewed this Agreement wfh 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. j3550/EAR Consulting Agreement 11 -14 -06 7. Severability. 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. S. Entire Agreement; .Modification. This Agreement constitutes the entire understanding of the parties and supercedes 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. In witness whereof, the parties have executed this Agreement on the date set forth above. JosepP �. Corr inoICP Exec tier Vice(Presid6nt Yvonne S. McKinley City Manager a _ . � The (CJoficldino Group Otv of South Miami EXHIBIT "A" CONSULTANT SERVICES CITY OF SOUTH MIAMI 2006 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT -BASED AMENDMENTS AND REVISIONS TO THE 2006 CAPITAL IMPROVEMENTS ELEMENT As required by Chapter 163.3191, Florida Statutes (F.S.), each local government in the State of Florida is required to adopt an Evaluation and Appraisal Report (EAR) once every seven years to assess progress in implementing their comprehensive plan. The local government is further required to adopt EAR - based amendments to the comprehensive Plan within 18 months of the date on which the adopted EAR is found to be sufficient by the State. For the City of South Miami the EAR -based amendments adoption date is December 19, 2007. In the preparation of the EAR -based amendments, the City must also take into consideration the new 2005 statutory requirements. Specifically, Sections 163.3177(3) (a) and (b) now require an annually updated, financially feasible 5- year schedule of capital improvements. This schedule shall include all publicly funded, and may include privately funded, projects necessary to ensure that the adopted level -of- service standards are achieved and maintained. The schedule must also include all transportation improvements listed in the MPO transportation improvement program upon which the City will rely for concurrency and financial feasibility. A. Scope of Services The following Scope of Services details the steps by which the Corradino Group and its sub - consultants proposes to assist the City in the development and adoption of its EAR -based amendments to the Comprehensive Plan and will include the new 5 -year capital improvement schedule in the revised Capital Improvements Element. This scope is based on the requirements in Chapter 163, F.S., guided by the process as enumerated in Section 163.3191(12)(a) F.S., Rule 9J -5, Florida Administrative Code (F.A.C.) and the Team's experience in preparing EAR -based amendments. If additional work beyond that which is identified in the. following Scope is requested, the cost, terms, and timeframe for such work will be negotiated separately. The Corradino Group EAR -based Amendments and CIE 1 Phase 1. Preparation of EAR -based Amendments (Goals, Objectives and Policies) and Capital Improvements Schedule The Corradino Group and its sub - consultants will prepare text amendments to the following Comprehensive Plan Elements: Future band Use; Transportation; Housing; Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination; and Capital Improvements. These text amendments will be based on the EAR recommendations and new State growth management legislation enacted after the date of the EAR, including the new requirements adopted in Senate Bill 360 in 2005. The Corradino Group and its sub - consultants will coordinate as appropriate with the City and other agencies in the preparation of these amendments and will include the new 5 -year capital improvement schedule in the revised Capital Improvements Element, as required in the new 2005 growth management legislation. The proposed amendments will be provided to the City in the appropriate formats. Proposed Phase I Completion Date - March 1 2007 Proposed Cost of Phase I- $15,000.00 Phase 11. Adoption of EAR -based Amendments and Capital Improvements Schedule a. The Corradino Group and its sub- consultants will present the proposed amendments, including the capital improvements schedule to the Planning Board (up to two (2) hearings) and the City Commission, acting as the local Planning Agency (up to two (2) hearings), in advertised public hearings in order to authorize and approve transmittal to the Florida Department of Community Affairs (DCA). These tasks would be scheduled for the months of April and May 2007. b. The Corradino Group and its sub - consultants will then transmit three copies to the Department of Community Affairs and copies to designated review agencies. This task would take place immediately following authorization and approval by the Commission to transmit. C. DCA has sixty days to provide the City with an Objections, Recommendations and Comments (ORC) Report based on the proposed amendments. This task should be completed by late July 2007. d. The Corradino Group and its sub - consultants will revise the proposed amendments and schedule to address the objections, recommendations, and comments, if any, and will present the amendments to the Planning and Zoning The Corradino Group EAR -based Amendments and CIE 2 Board, if necessary, and the City Commission for adoption in an advertised public hearing. This task will be completed in August, if necessary. e. This hearing will occur within 120 days of receipt of the Objections, Recommendations, and Comments. This task will also be completed in August, if necessary. f. The Corradino Group and its sub - consultants will then transmit three copies to DCA and copies to designated review agencies. This task would take place, if necessary, immediately following authorization and approval by the Commission to transmit. This task will also be completed in August, if necessary. g. DCA will issue its Notice of Intent to find the adopted amendment in compliance within 20 days. The effective date of. the amendments is approximately 45 days from submittal of the adopted EAR -based amendments. The effective would be approximately mid- October. Proposed Phase 11 Completion Date - October 2007 Proposed Cost of Phase 11 - $5,000.00 Phase 111. Comprehensive Plan Document Update (Rewrite) The Corradino Group and its sub - consultants will revise the City's existing Comprehensive Plan's data and analysis sections and make all revisions to the newly adopted Goals, Objectives and Policies. In addition, all maps will be finalized (except the future land use map which will be done at a later date due to any studies that may be undertaken). The Corradino Group and its sub - consultants will provide the City-with 5 copies of the revised Comprehensive Plan and also electronically so that it may be uploaded to the City's website. Proposed Phase III Completion Date - January 2008 Proposed Cost of Phase 111 - $15,000.00 Proposed Total Project Cost - $35,000.00' Note: The proposed cost includes all costs and expenses to be incurred by The Corradino Group and its sub - consultants in completing the EAR -based amendments for the City of South Miami, with the exception of equipment rental costs and printing costs, if any. The Corradino Group EAR -based Amendments and CIE 3 RES OLUTION NO. 192-04-11971 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING PROFESSIONAL CONSULTANT SERVICES NEEDED T�' PREPARE THE CITY'S COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $46,000; CHARGING $17,200 TO ACCOUNT NO. 01 -1620- 524 -3450, PLANNING CONSULTANT SERVICES AND $28,800 TO ACCOUNT NO. 001-2100- 519 -9920, GENERAL CONTINGENCY ACCOUNT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami is required to submit to the State of Florida by September I, 2005 an Evaluation and Appraisal Report on its Comprehensive Plan; and WHEREAS, the data coIIection, research and documentation needed for the preparation of the Evaluation and Appraisal Report requires that the Planning Department be temporarily supplemented by professional consultant personnel; and WHEREAS, in October, 2004 the City Manager distributed to planning consultant agencies in the South Florida area a Request for Proposal (RFP) Document for provision of professional services to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report; and WHEREAS, in November, 2004 three planning consultant firms responded to the RFP to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report; and WHEREAS, an Administrative Committee reviewed each proposal and recommended to the City Manager that The Corradino Group, Inc. be selected based upon their submission being the lowest cost estimate and being most responsive to the needs specified in the RFP; and WHEREAS, the City Manager is requesting authorization to contract with The Corradino Group, Inc in the amount of $46,000 for the provision of professional services to assist the Planning Department in preparing the Comprehensive PIan Evaluation and Appraisal Report; and WHEREAS, fiinding for the consultant services was partially included in the Planning Department's FY 2004 -05 budget and surplus PIanning Department funds from the FY2003 -04 budget were placed in the current General Contingency Account expressly for this purpose; and NOW, THEREFORE, BE IT RESOLVED BY THE MAyOR AND CITY. COMMISSION OF THE CITY OF SOUTH MIAMI:, FLORIDA: Section 1. The City Manager is authorized to enter into a contract with The Corradino Group, Inc., in the amount of $46,000 for the provision of professional services to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report. Section 2 Funding for the subject contract shall be charged as follows: $17,200 to Account No. - 2 of Res. No. 192 -04-11971 01 -1620 -524 -3450, Planning Consultant Services (current balance $58,000); $28,800 to Account No. 001 - 2100 -5.19 -9920, General Contingency Account. (current balance $61,700) Section 3: This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this 21 sdsy of JIWMIW� 004 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: EAComm Items12004112- 2I -04TAR Consultant contract Reso.doc APPROVED: O COMMISSION VOTE: 4-0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar; Yea Commissioner Wiscombe: absent