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Resolution 105-1989 Growth Management RESOLUTION NO. 105-1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A CONSULTING AGREEMENT BY AND BETWEEN DALE R. BALDWIN & ASSOCIATES, LANDSCAPE ARCHITECTS, INC. AND MONROE COUNTY CONCERNING THE PREPARATION OF A LANDSCAPE HANDBOOK BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a consulting agreement by and between Dale R. Baldwin & Associates, Landscape Architects, Inc. and Monroe County concerning the preparation of a landscape handbook, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the efls-/- day of ~rl4.~ A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By //)/~~4 Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ,Approved for Legal Sufficiency ~,fJ4'1;A~ CONTRACT THIS CONTRACT I made and entered into this day of FebruarYI 19891 by and between Monroe CountYI Floridal a political subdivision of the State of Floridal hereinafter referred to as "County" and Dale R. Baldwin and Associatesl Landscape Architectsl Inc'l 115 Harborview Drivel Tavernierl Florida 330701 hereinafter referred to as "Consultant." WITNESSETH WHEREAS I the COUNTY desires to have prepared a handbook on landscaping and bufferyards; and WHEREAS I the CONSULTANT represents that he is professionally qualified to prepare such a handbook; and WHEREAS I the COUNTY desires to employ the CONSULTANT to produce such handbook; NOW I THEREFORE I in consideration of the mutual covenants and conditions hereinafter containedl the COUNTY does hereby employ the CONSULTANT and the CONSULTANT hereby accepts such employment with the conditions and covenants which follow. Section I - Scope of Services The scope of services to be performed by the CONSULTANT I and the assistance of the COUNTY to be provided to the CONSULTANT under this CONTRACT I are specified in Attachment "A"I which is made a part of this CONTRACT. Section II - Financing The funding for the services requin~d under this CONTRACT shall be paid to the CONSULTANT by the COUNTY from funds to be obtained from the Florida Department of Community Affairs (DCA) through the COUNTY'S Growth Management Division. All payments shall be made according to the schedules described in Section IV of this CONTRACT. The total payment for services and work products produced by the CONSULTANT shall not exceed Five Thousand Nine Hundred Dollars ($5900)1 except as may be provided for by mutual agreement in writing and signed by both partiesl for additional professional services not described in Attachment "A" of this CONTRACT. Section III - Time of Services A. Professional services of the CONSULTANT shall commence upon approval of this CONTRACT by the COUNTY. B. Services enumerated in Attachment "A" shall be completed by the CONSULTANT by May 11 19891 unless the CONTRACT is not approved and signed by the COUNTY prior to the end of February 1989. Section IV - Fee and Payment Schedule A. Payment Schedule The fee for services set forth herein shall be as follows: 1. One Thousand Five Hundred Dollars ($1/500) shall be payable as a retainer upon the signing of this CONTRACT. 2. Three Thousand Four Hundred Dollars ($3/400) upon completion and delivery to the COUNTY of a draft of all work items outlined in Attachment "A." 3. One Thousand Dollars ($1/000) payable upon completion and delivery to the COUNTY of a final version of all work items outlined in Attachment "A." B. Delay not as a Material Breach A delay in payment under this section shall not be considered a breach of any provisions hereunder, if the delay is caused by untimely remissions to the COUNTY by the DCA. C. Delay as a Material Breach I f the CONSULTANT'S contract has been approved by the COUNTY, and payment has been delayed due to DCA action, then the COUNTY agrees to remi t the full amount due and owing the CONSULTANT wi thin three (3) months of the acceptance of the work product in Section IV (A) (3). If payment has not occurred within three (3) months after the acceptance of the final product, the COUNTY will be deemed to have materially breached this agreement. D. Breach In the event that the COUNTY is determined to have breached this CONTRACT, the only damages available shall be liquidated damages in the amount of this CONTRACT or $5,900. In the event that the CONSULTANT is determined to have breached this CONTRACT, the COUNTY shall have the right to annul this CONTRACT without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. Section V - Miscellaneous Provisions A. Non-discrimination The CONSULTANT agrees that it will not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. Any violation of such provisions shall constitute a material breach of this CONTRACT. B. Arbitration of Disputes Any dispute arising under this CONTRACT which is not settled by the COUNTY and the CONSULTANT in ten (10) days shall be decided by an arbitration board composed of a representative of the COUNTY, a representative of the CONSULTANT, and a representative mutually acceptable to the COUNTY and the CONSULTANT. The CONSULTANT shall continue to render all services requested in this CONTRACT without interruption, notwithstanding the provisions of this section. C. Ownership of Documents All work products including, but not limited to, tracings, drawings, illustrations, estimates, field notes, investigations, design analysis, studies, and other data or documents in any form or medium which are obtained or prepared in the performance of this CONTRACT are to be and will remain the property of the COUNTY and are to be delivered to the Director of Planning before final payment is made to the CONSULTANT. Use of such work products shall be available to the CONSULTANT only upon signed authorization from the Director of Planning. D. Anti-kickback The CONSULTANT warrants that no person has been employed or retained to solicit or secure this CONTRACT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the COUNTY has any interest, financially or otherwise, in the CONSULTANT or its subcontractore. E. Termination of Agreement This CONTRACT may be terminated by either party upon 14 days' written notice should the other party fail substantially to perform in accordance with its terms, however a reasonable period for the curing of any defect shall be due to either party. In the event of termination not the fault of the CONSULTANT, the CONSULTANT shall be compensated for all services performed under Section IV (A)(2) and (3) to termination date, by pro rating the percentage of the project completed and the compensation due. F. Other Terms and Conditions The response to all communication or inquiries from the communications media, civic groups, etc., are the responsibility of the COUNTY. IN WITNESS THEREOF, the parties hereto have executed this CONTRACT on the date and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (SEAL) Mayor/Chairman Dale R. Baldwin Principal Witness (J, ~ f 00 '- C>..J~ ""'-'"t ...._ ' \,. ~'-___ , Witness AT'l'ACBMENT A Landscape Handbook RFP and Work Plan Deadline: May 1, 1989 Compensation: $5900 Product The consultant shall prepare a handbook explaining the landscaping and bufferyard requirements of the land development regulations. The handbook shall stress a theme of environmental harmony, including restoration of scarified lots and protection of undisturbed lots. The handbook shall be written in plain English for a non-technical audience. The handbook shall be submitted both in paper form and on a 5 1/4" floppy disk using one of the following word processing packages: Word Star 3.30 or 3.31 Word Perfect 4.1 Mu1tiMate 3.3 MicroSoft Word 3.0 PFS:Write Ver C DisplayWrite (RFT/DCA) All graphics and illustrations shall be of camera-ready quality. The handbook's content shall include the following: A. Benefits and Rationale - discussion of the benefits and rationale (environmental, economic, energy, noise, aesthetic) of quality landscaping and bufferyards B. Landscaping - landscaping for parking: rationale and requirements (shade, appearance, etc.) description of standards A,B,C, etc. in graphic and verbal forms - choice of plants: rationale and requirements (native plants require less maintenance, provide habitat, etc.) - installation criteria - street trees - stormwater management C. Bufferyards locationa1 requirements: scenic corridors, district boundary buffers - verbal and graphical descriptions of standards (A,B,C.. .understory, canopy, shrub, etc.) - responsibility for district boundary bufferyards - nonconforming buffers D. Other In addition to the Monroe County requirements, the handbook shall cover landscaping issues in general, such as: - a discussion of Keys' soils drainage, salinity, sunlight needs of various species - plant heights at maturity - planting and maintenance considerations Source Materials 1) copy of land development regulations 2) the products from previous efforts by staff to prepare a handbook (assorted draft chapters & illustrations) Work Program The following is merely a suggested method by which the goals of this project may be accomplished. However, in all cases the consultant must provide the necessary graphic, drafting, and clerical support. 1. Initial Research - review the source materials - meet with biologists and planners as needed for clarification of regulations and discussion of existing problems 2. Field Work - visit selected sites of the best and worst landscaping efforts in the Keys 3. Prepare Draft Handbook 4. Presentation to Staff - present draft handbook to staff for comments 5. Prepare Final Version of Handbook - revise draft handbook based on staff comments 6. Submit Final Version of Handbook - paper copy 5 1/4" floppy disk in suitable word processing format