Loading...
04-01-08 Item 7South Miami kilminid ;RmeficaC .•�i�•Ep CITY OF SOUTH MIAMI 1111. OFFICE OF THE CITY MANAGER R INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Ajibola Balogun, City Manager From: Sanford A. Youkilis Acting Planning Director Date: April 1, 2008 Agenda Item No.: - Subject: Professional Service Contract Extension Request: 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 FOLLOWING EVALUATION AND APPRAISAL (EAR) REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN: EDUCATIONAL FACILIIES RELATED AMENDMENTS; WATER SUPPLY FACILITIES WORK PLAN; PHASE II REVIEW AND ADOPTION OF FUTURE LAND USE MAP CHANGES; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $30,000; CHARGING THE AMOUNT TO ACCOUNT NO. 01- 1620 -524 -3450, PLANNING CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. Request: Authorizing the City Manager to extend the current contract The Corradino Group, Inc. for professional services in completing additional EAR Based Amendments to the South Miami Comprehensive Plan. Reason/Need: The attached draft resolution is the second extension of a 2004 contract with the Corradino Group, Inc. for professional services needed to assist the City to produce the Evaluation and Appraisal Report, the text amendments to the Comprehensive Plan and the Educational Facilities Amendment, and the Land Use Map amendments (first phase ). The consultant has produced excellent work which has been accepted by the Florida Department of Community Affairs at every stage. The whereas clauses in the draft resolution set forth a full chronology of the company's previous contracts and work accomplished. The scope of services for the proposed extension of the contract is as follows: (1) Complete the mandatory Educational Facilities Element and related amendments to the Capital Improvement Element and the Intergovernmental Coordination Element; and the adoption of the "Amended and Restated Interlocal Agreement for Public School Facility :Planning in Miami - Dade County". (2) Phase II and III — FLUM Amendments, the preparation, presentation, review and adoption of Comprehensive Plan Future Land Use Map changes recommended in the 2005 -2006 EAR Report (3) Preparation and submission of mandatory amendments related to a Water Supply Facilities Work Plan; Cost: $30,000 Funding Source: Planning Dept. 01- 1620 -524 -3450, Planning Consultant Services (current balance $33,650). Backup Documentation: ❑ Proposed Resolution ❑ Proposed Second Extension Contract and Exhibit "A" Scope of Services ❑ Resolution No. 218 -06 -12359 ❑ Existing Agreement dated November 14, 2006 XAComm Items\2008 \4 -1 -08 \EAR Consultants - Contract Extension CM Report.doc Page 2 of 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 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 FOLLOWING EVALUATION AND APPRAISAL (EAR) REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN: EDUCATIONAL FACILIIES RELATED AMENDMENTS; WATER SUPPLY FACILITIES WORK PLAN; PHASE H REVIEW AND ADOPTION OF FUTURE LAND USE MAP CHANGES; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $30,000; CHARGING THE AMOUNT TO ACCOUNT NO. 01-1620-524-3450, PLANNING CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami must complete the review and adoption of the following Comprehensive Plan Amendments: Future Land Use Map Changes as recommended in the 2005 -2006 EAR Report; mandatory amendments related to Educational Facilities Element; and amendments related to a mandatory Water Supply Facilities Work Plan; and WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan text amendments as set forth in above Whereas clause 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 for $46,000 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 November 14, 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, on November 28, 2006 the City Commission adopted Resolution No. 218 -06 -12359 approving a contract extension with The Corradino Group, Inc. for $35,000 for continuing professional services needed for the preparation, presentation and submittal of the Comprehensive Plan text amendments as set forth in the Evaluation and Appraisal Report a continuation of the work done by The Corradino Group, Inc. under the contract executed in December, 2004; and WHEREAS, on September 25, 2007 the City Manager and The Corradino Group, Inc jointly agreed to make a scope of services revision in the form of a change order for the purpose of having The Corradino Group, Inc initiate Phase I -FLUM Amendments, a comprehensive data gathering and area studies on proposed changes to the Future Land Use Map amendments recommended in the 2005 -2006 Comprehensive Plan Evaluation and Appraisal Report which report is to delivered to the City on April 1, 2008; and WHEREAS, due to a State imposed deadline The Corradino Group, Inc in November, 2007 was requested to assist the City beyond the existing scope of services to develop all of the required 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 2 amendments necessary to complete the. mandatory Educational Facilities Element and related amendments to the Capital Improvement Element and the Intergovernmental Coordination Element; and the adoption of the "Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County" document which amendments and documents were adopted by the City Commission on December 18, 2007 via Resolution No.203 -07 -12588 and submitted to the Florida Department of Community Affairs; and WHEREAS, the City Manager is requesting authorization to extend the existing contract with The Corradino Group, Inc in the amount of $30,000 for the provision of professional services as follows: Phase II and III — FLUM Amendments, the preparation, presentation, review and adoption of Comprehensive Plan Future Land Use Map changes recommended "in the 2005 -2006 EAR Report; the preparation and submission of mandatory amendments related to a Water Supply Facilities Work Plan; and to assist the City to complete the amendments for the Educational Facilities Element, the Capital Improvement Element and the Intergovernmental Coordination Element; and the adoption of the "Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County" ; and WHEREAS, funding for the consultant services is included in the Planning Department's FY 2007 -2008 budget expressly for this purpose. 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 execute a change order to extend the existing contract with The Corradino Group, Inc., in the amount of $30,000 for the provision of professional services as follows: the preparation, presentation, review and adoption of Comprehensive Plan Future Land Use Map changes recommended in the 2005 -2006 EAR Report; the preparation and submission of mandatory amendments related to a Water Supply Facilities Work Plan; and to assist the City to complete the amendments for the Educational Facilities Element, the Capital Improvement Element and the Intergovernmental Coordination Element; and the adoption of the "Amended and Restated Inter -local Agreement for Public School Facility Planning in Miami -Dade County" ; and Section 2 Funding for the subject contract shall be charged as follows: $30,000 to Account No. 01- 1620 -524 -3450, Planning Consultant Services (current balance $33,650). Section 3: This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this _ day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: 91111:1 APPROVED: MAYOR COMMISSION VOTE: May Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: CITY ATTORNEY X: \Comm Items\2008 \4- 1- 08\EAR Consultant contract Reso.doc CONSULTING AGREEMENT This Agreement, dated , is entered into between THE CORRADINO GROUP (the "CONSULTANT ") and the City of.South Miami (the CITY). 1. En. - Bement. 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 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. 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) 2 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. 8. 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. * Joseph M. Corradino, AICP Executive Vice President The Corradino Group X: \Comm Items \2008 \4 -1 -08 \EAR Consultant Contract.doc City Manager City of South Miami EXHIBIT "A" PROPOSAL FOR CONSULTANT SERVICES CITY OF SOUTH MIAMI EDUCATIONAL FACILITIES RELATED AMENDMENTS TO THE COMPREHENSIVE PLAN Proposal CSM2008 -01 The following Scope of Services details the steps by which the Bell David Planning Group (BDPG) as a sub - consultant under The Corradino Group, proposes to assist the City in the developing and adopting amendments necessary to comply with the educational facilities requirements. This scope is based on the requirements in Chapter 163, F.S., guided by the process as enumerated in said Chapter, Rule 9J -5, Florida Administrative Code (F.A.C.) and Bell David Planning Group's experience. Phase 1. The Educational Facilities Element for Public School Facilities, associated amendments to the Capital Improvements and Intergovernmental Coordination Elements and approval of the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County Bell David Planning Group will coordinate as appropriate with Miami -Dade Public Schools through the duration of this process in order to address the new requirements regarding the adoption of an Educational Facilities Element by January 1, 2008. As required by the 2005 State growth management legislation, a public educational facilities element will be prepared to include the following requirements; a. Address public schools levels of service standards and concurrency; b. Ongoing coordination with Miami -Dade County Public Schools; C. Location of existing and future schools sites d. Goals, objectives and policies; e. Monitoring Mechanisms and Procedures; f. Other statutory requirements; g. Maps as needed Deliverables - Three copies each for staff review of the Educational Facilities Element and one electronic copy of each (number of copies may be amended as determined by the City). Completion Dates - Educational Facilities Element- December 1, 2008 Total Cost of Phase 1. - $6,000.00 (not to exceed amount) Phase ll. Adoption of the Educational Facilities Element for Public School Facilities associated amendments to the Capital Improvements and Intergovernmental Coordination Elements and approval of the Amended and Restated Interloca/ Agreement for Public School Facility Planning in Miami -Dade County BDPG will present the referenced documents to the Planning Board and City Commission in advertised public hearings in order to authorize and approve transmittal to the Florida Department of Community Affairs (DCA), as required by Florida Statute. Bell David Planning Group will then transmit the appropriate number of copies to the Department of Community Affairs and copies to designated review agencies. BDPG will revise the proposed amendments and Interlocal to address the objections, recommendations, and comments, if any, and will present the amendments to the Planning Board and City Commission for adoption in an advertised public hearing. Bell David Planning Group will then transmit three copies to DCA and copies to designated review agencies. 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 amendments. Completion Dates — Educational Facilities Element — prior to January 1, 2008 Total Cost of Phase II - $2,000 (not to exceed amount) Total Cost of Phases 1 and II — $8,000.00 (not to exceed amount) 2 Agreement Submitted by: Joseph M. Corradino, AICP, Executive Vice - President Authorized Representative of The Corradino Group . Date: Agreed to by: City of South Miami Date: Note: Signature by The City of South Miami signifies a notice of intent to proceed with the under the terms noted above. A facsimile signature shall have the same legally binding effect as an original signature. 3 PROPOSAL FOR CONSULTANT SERVICES FOR THE CITY OF SOUTH MIAMI WATER SUPPLY COMPREHENSIVE PLAN AMENDMENTS AND THE WATER SUPPLY FACILITIES WORK PLAN The following Scope of Services details the steps by which the Corradino Group and sub - consultant Bell David Planning Group proposes to assist the City in developing and adopting amendments necessary to comply with the requirements for updates to the elements of the Comprehensive Plan related to Water Supply Planning. This scope is based on the requirements in Chapter 163, F.S., guided by the process as enumerated in said Chapter, Rule 9J -5, Florida Administrative Code (F.A.C.) and The Corradino Group's experience. Phase 1. The Water Supply Facilities Work Plan and associated amendments to the Comprehensive Plan and approval of the South Florida Regional Planning Council. The Corradino Group will coordinate as appropriate with South Florida Regional Planning Council through the duration of this process in ,order to address the new requirements regarding the adoption of amendments to the elements related to water supply planning by June 15, 2008. As required by the 2005 State growth management legislation, a Water Supply Comprehensive Plan Amendment and Water Supply Facilities Work Plan will be prepared to include the following, requirements; The work plan must: Address public, private and regional water supply facilities, including alternative water supply sources; Identify alternative and traditional water supply projects and conservation and water reuse projects to meet future water needs; Must plan for water supply sources for at least 10 years; Capital Improvement Projects (if appropriate); The Water Supply Comprehensive Plan Amendment must: 1. Adopt the work plan; 2. Require an updated work plan every 5 years within 18 months after the governing board of a water management district approves an updated regional water supply plan.; 3. A requirement that new development include in its application every water use efficiency standard that will be used; Deliverables — Two. copies for staff review of the Water Supply Plan and related element updates and one electronic copy of each. Completion Dates — June 15, 2008 Total Cost of Phase I. - $4,000.00 (not to exceed amount) Phase 11. Adoption of the amendments to the Infrastructure Elements (and other elements related to the water supply plan). The Corradino Group will present the referenced documents to the Planning Board and City Council in advertised public hearings in order to authorize and approve transmittal to the Florida Department of Community Affairs (DCA), as required by Florida Statute. The Corradino Group will then transmit the appropriate number of copies to the Department of Community Affairs and copies to designated review agencies. The Corradino Group will revise the proposed amendments to address the objections, recommendations, and comments (ORC), if any, and will present the amendments to the Planning Board and City Council for adoption in an advertised public hearing. The Corradino Group will then transmit three copies to DCA and copies to designated review agencies. DCA will issue its Notice of Intent to rind the adopted amendment in compliance within 20 days. The effective date of the amendments is approximately 45 days from submittal of the adopted amendments. Deliverables - Two copies each of the adopted Water Supply Plan and related element updates and one electronic copy of each. Completion Dates - Infrastructure Element (and related elements) Amendments - prior to August 15, 2008 Total Cost of Phase 11- $4,000 (not to exceed amount) Total Cost of Phases 1 and ll - $8,000.00 (not to exceed amount) Agreement Submitted by. Date: Joseph M. Corradino, AICP, Executive Vice - President The Corradino Group 2 Agreed to by: City of South Miami Date: Note: Signature by the City of South Miami signifies a notice of intent to proceed with the under the terms noted above. A facsimile signature shall have the same legally binding effect as an original signature. 3 PROPOSAL FOR CONSULTANT SERVICES City of South Miami Area Studies and Analysis of Potential Future Land Use Map Amendments Background During the Evaluation and Appraisal Reports process it was determined that there was a need to create additional districts to implement the vision for the City. In addition to the need for the creation of additional districts, there are a number of areas where the Future Land Use and /or Zoning designations need to be amended to: ensure consistency between Future Land Use and Zoning; provide for a more logical distribution of land uses; provide appropriate transitions between neighborhoods and uses and; reflect existing land uses. Proposed amendments to the Future Land Use Map are detailed in the following Table A and are depicted by Figure II.A.3 of the City of South Miami 2006 EAR. Table A Figure II.A.3 Potential Future Land Use Plan Map Amendment Location Identifier 1. Change Mixed Use Commercial /Residential to a category that allows for current or existing uses plus mixed -use commercial /residential, offices, or townhomes (limited to two stories 2. Change Mixed Use Commercial /Residential to a Mixed Use category that includes Commercial /Office /Residential and Neighborhood Center /Cultural uses, limited to 2 stories with adequate setbacks to protect the residential areas. 6. Change TODD and Mixed Use Commercial /Residential to TODD in its entirety 7. Change Mixed Use Commercial /Residential (Four stories) to a new Hometown Center Future Land Use District 8. Change Mixed Use Residential /Commercial to Multi- Family Residential 9. Change the parcels east of SW 57th Court designated Single Family Residential to RO (Residential Office) or a new Office designation 10. Change Single Family Residential to POS (Parks and Open Space) to reflect the locations of (a.) Van Smith Park and b. All American Park Scope of Work This project will consist of conducting area studies and analysis of potential Future Land Use Map Amendments for seven areas that were identified for more in -depth review in the City of South Miami 2006 Evaluation and Appraisal Report (EAR). The area studies will be presented to the Planning and Board and the City Commission for discussion and further direction to staff. The potential changes are described in Table A above, and further depicted by Figure ll.A.3 of the City of South Miami 2006 EAR. PHASE 1 IS COMPLETED AND NOT A PART OF THIS SCOPE (Included here for scope continuity) Phase 1- Data Gathering and Area Studies. Task 1- Data Gathering and Research • Review the City of South Miami Comprehensive Plan related to goals, objectives and policies that would pertain to the potential changes to the FLUM • Review the City of South Miami Land Development Regulations related to regulations that would pertain to changes to the FLUM • Conduct field reviews of each of the seven areas. Take.photos and field notes to document existing conditions. • Review the historic resources inventory Task 2 - Analysis and Area Studies • Land use analysis of each area • Concurrency review of each area • Review each area for consistency with the Comprehensive Plan • Review each area for compatibility with the surrounding areas pertaining to the potential changes to the FLUM • Determine if any new Future Land Use designations need to be created for any of the seven areas being reviewed • Draft new Future Land Use designations as necessary • Review each for historic resources and natural resources • Prepare a summary of the analysis for each of the seven areas • Prepare an exhibit of each area with the revised Future Land Use designation (as necessary) • Prepare a recommendation to the City regarding the seven potential Future Land Use Map amendments as proposed in the 2006 EAR, including recommendations to adopt new Future Land Use designations as may be necessary. Phase 2 - Public Hearings and Transmit Amendments Task 1- Public Hearings • Two Planners will attend one Planning Board public hearing. Attendance by the Consultants at any additional hearings will be reimbursed at an hourly rate based on the rate schedule attached to this Amendment as Exhibit 1. • Two Planners will attend one City Commission public hearing. Attendance by the Consultants at any additional hearings will be reimbursed at an hourly rate based on the rate schedule attached to this Amendment as Exhibit 1. Task 2 - Transmit Amendments • Transmit the proposed amendments to the FLUM based on the recommendations of the Planning Board and the final vote of the City Commission to the Department of Community of Affairs (DCA). This task will take place immediately following authorization and approval by the Commission to transmit. • Transmit the proposed amendments to the FLUM based on the recommendations of the Planning Board and the final vote of the City Commission to the designated review agencies. This task will take place immediately following authorization and approval by the Commission to transmit. Task 3 - Revise Amendments and Final Transmittal • DCA has sixty days to provide the City with an Objections, Recommendations and Comments (ORC) Report based on the proposed FLUM amendments. • Revise the proposed FLUM amendments to address the ORC, if any, and prepare the document for presentation to the Planning Board and the City Commission for adoption at an advertised public hearing. • Transmit the adopted amendments to the FLUM to the Department of Community of Affairs (DCA). This task will take place immediately following adoption by the Commission. • DCA will issue its Notice of Intent to find the adopted FLUM amendments in compliance within 20 days. Phase 3 — Future Land Use Map and Comprehensive Plan Update Revise the. City's existing FLUM and make revisions to the Comprehensive Plan Goals, Objectives and Policies, as necessary. Deliver one printer ready copy of the final updated FLUM and the updated Comprehensive Plan, as necessary. Deliver one electronic copy on a CD of the final update FLUM and the updated Comprehensive Plan so that it may be uploaded to the City's website. Staff Meetings This contract will include attendance at a total of four staff meetings as follows: • Meeting #1. This meeting will be for the purpose of discussing the analysis and the recommendations for each of the seven areas that are being considered for FLUM amendments. • Meeting #2. This meeting will take place prior to the Planning Board meeting -and it will be for the purpose of reviewing the staff report and preparing the presentation for the pubic hearing. • Meeting #3. This meeting will take place prior to the City Commission meeting and it will be for the purpose of reviewing the staff report and preparing the presentation for the pubic hearing. • Meeting #4. This meeting is to be used as staff may deem necessary at any time during the contract. Any additional meetings will be billed separate from this contract at an hourly rate based on the rate schedule attached to this Amendment as Exhibit 1. Deliverables This contract will include one copy of a printer ready document which will be drafted and revised a total of six times based on the following schedule: • Deliverable #1 Staff Review Draft. This will include the first draft of the summary of the analysis and recommendations to the City regarding the seven potential Future Land Use Map amendments as proposed in the 2006 EAR, including recommendations to adopt new Future Land Use designations as may be necessary. The report will also include an exhibit of each area with the revised Future Land Use designation (as necessary). This copy is for staff's review and approval. Revisions will be made to this first draft and transmitted to the Planning Board for the public hearing. • Deliverable #2 Planning Board Draft. The second copy will be the draft to the Planning Board for their review and recommendations to the City Commission. • Deliverable #3 City Commission Draft. The third copy will be to incorporate the changes recommended by the Planning Board, if any. This copy will be for the City Commission to review and approve for transmittal to DCA, as necessary. • Deliverable #4 DCA First Transmittal. The fourth copy will be the first transmittal copy to DCA, as necessary. • Deliverable #5 DCA Final Transmittal. The fifth copy will be the final transmittal copy to DCA, as necessary. • Deliverable #6 Updated FLUM and Comprehensive Plan. Deliver one printer ready copy of the final updated FLUM and the updated Comprehensive Plan, as necessary. Deliver one electronic copy on a CD of the final update FLUM and the updated Comprehensive Plan so that it may be uploaded to the City's website. Any additional deliverables or copies will be billed separate from this contract on a cost - recovery basis. Fees Based on the Scope of Work as outlined above, the following is a breakdown of the fees for services provided based on each Phase and staff meetings: Phase 1— Data Gathering and Area Studies COMPLETED Task 1— Data Gathering and Research Task 2 — Analysis and Area Studies Phase 2 — Public Hearings and Transmit Amendments $9,000 Task 1— Summary of the project Task 2 — Public Hearings (attendance at no more than 2 hearings) Task 3 — Transmit Amendments Task 4 — Revise Amendments and Final Transmittal Phase 3 = Future Land Use Map and Comprehensive Plan Update $2,000 Staff Meetings $3,000 • Attend 4 staff meetings Total Fees $14,000 Submitted. The Corradino Group Joseph M. Corradino, A/CP Approved and Accepted. City of South Miami Date: Date: RESOLUTION NO. 218— 0 6 -12 3 5 9 A RESOLUTION OF THE MAYOR AND THE CITY COM IISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL CONSULTANT OPTION OF THE 240b EVALUATION THE CITY IN THE DEVELOPMENT AND _ AND APPRAISAL REPORT CONSULTANT FEAMENDMENTS IN THE AMOUN COMPREHENSIVE OF$ 50 PLAN; APPROVING 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 MIANII, FLORIDA: - - -- RAs-- = -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 Plan 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 16ay of 2006 ATTEST: READ AND APPROVED AS TO FORM: CI ORNEY PAComm Items12006\1 I- 28- 061EAR Consultant contract Reso.doc APPROVED: COMMIS II N VOTE: 4-0 Mayor Feltu: Yea Vice Mayor Wiscombe: absent Commissioner Birts: Yea Commissioner Palmer: Yea Commissioner Beclanan : Yea t 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). 1. 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 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. j:3550 /EAR Consulting Agreement I1 -14 -06 7. Severability. In the event a court of competent jurisdiction declares any of __this -Agreement _to_be.invalid or..unenf.orceable 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. 8. 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. J�Iph M/ Co�adino, AICP E e utiv Vic President Tho C4rradin roup Yvonne S. McKinley 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 Land 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 II. 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 Auaust, -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 I I Completion Date - October 2007 Proposed Cost of Phase II - $5,000.00 Phase III. Comprehensive Plan Document Update (Rewrite) The Corradino up a its sub -cons ants will evise th City's existing Compreh sive Ian's data >va alys' sections and ake I revisions to the newly adop Goals, Obja Policies. In ad 'o all maps will be finalized (exc t the future lap which will be done a later date due to any studie th t may be ke The Corradino Gr p and its sub - consultan will p vide the 5 copes f the revis d Com ehensive Plan and also lectronic y so th be uploaded to the ity's website.. Proposed Phase III Completion Date - January 2008 Proposed Cost of Phase III - $15,000.00 Proposed Total Project Cost - $35,000.001 1 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 PROPOSED MODIFICATION TO. CONSULTING AGREEMENT BETWEEN CITY. OF SOUTH MIAMI AND THE CORRADINO GROUP APPROVED BY CITY COMMISSION RESOLUTION NO. 218 -06- 12359, ON NOVEMBER 28, 2006 *Replace Phase III of Scope of Services with the following: PHASE III COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS The - Corradino Group and its sub - consultants will prepare a comprehensive analysis on seven Future Land Use Map (FLUM) Amendments proposed in the South Miami Evaluation and Appraisal Report. The analysis shall be done for Potential FLUM Amendments No.'s 1,2,6,7,8,9 and 10 as identified on pp 12 -13 in the City's Evaluation and Appraisal Report dated February, 2006. The comprehensive analysis shall include: area identification, existing conditions summary, size, existing zoning, current land use category, adjacent land use categories, proposed use designation change, basis for proposed use designation, public facilities impact of development build out on sewers, water, drainage, solid waste, recreation/open space, and transportation. The analysis shall include, where required, any additional text amendments including definitions of new Future Land Use Categories. Proposed Phase III Completion Date- January 1, 2008 Proposed Cost of Phase III - $15,000 Joseph M. Corradino, AICP Yvonne S. McKinley City Manager i of South Miami Dfite a 7 *Section 8, p.2, of Consulting Agreement provides for modification only by a written instrument executed by City and Consultant. There is no change to cost or completion date for Phase X. P:\EAR Evaluation and Appraisal Report\EAR 2007 Contract Amend -doc