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HomeMy WebLinkAboutResolution 107-1989 Growth Management RESOLUTION NO. 107-1989 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 DA V I D A. ORNSTEIN, A.I.C.P. AND MONROE COUNTY CONCERNING A REVIEW OF THE MIXED USE LAND USE DISTRICT. 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 David A. Ornstein, A.I.C.P. and Monroe County concerning a review of the mixed use land use district, 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 ;1/1..,... day of ~"'M...~_ A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /I/I~AP~ By Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Approved for Legal Suffiency --4-'* ~JJ.t'. CONTRACT THIS CONTRACT, made and entered into this day of February, 1989, by and between Monroe County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County" and David A. Ornstein, A.I.C.P., P.O. Box 661, Summerland Key, Florida 33042, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, the COUNTY desires to have prepared a report reviewing the regulations and mapped-out designated areas of the Mixed Use District, which comprises one of several land use districts contained in the County adopted Land Development Regulations, and to have a public workshop in regard to such report; and WHEREAS, the CONSULTANT represents that he is professionally qualified to prepare such a report; and WHEREAS, the COUNTY desires to employ the CONSULTANT to produce such report; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the COUNTY does hereby employ the CONSULTANT and the CONSULTANT hereby accepts such employment with the conditions and covenants which follow. Section I - Sco~f Services The scope of services to be performed by the CONSULTANT, and the assistance of the COUNTY to be provided to the CONSULTANT under this CONTRACT, are specified in Attachment "A", which is made a part of this CONTRACT. Section II - Financing The funding for the services required 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), except as may be provided for by mu1:ual agreement in writing and signed by both parties, 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 1, 1989, 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 fin~l 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 $5900. 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 per:::on 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 subcontractors. E. Termination of Aqreement 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 It is expressly understood that none of the services to be provided hereunder are to be accounting, architectural, engineering, legal, or real estate appraisal, as those terms are customarily defined. The response to all communication or inquiries from the communications media, civic groups, etc., are the responsibility of the COUNTY, except for inquiries made at the public workshop in regard to the Mixed Use District. 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 Mayor/Chairman (SEAL) By David A. Ornstein Principal ~q~ Witness ATTACHMENT A Mixed Use Review RFP and Work Program Deadline: May 1, 1989 Compensation: $5900 Products 1) The consultant shall conduct a public workshop for the purposes of: a) explaining the nature of the mixed use (MU) district review to the public b) gathering ideas and opinions from the public concerning the MU district as it currently exists c) gathering ideas and opinions from the public concerning changes to MU district Planning staff will be responsible for securing a meeting place and public notice. 2) The consultant shall prepare a report reviewing the MU district in Monroe County. The report 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 MultiMate 3.3 MicroSoft Word 3.0 PFS:Write Ver C DisplayWrite (RFT/DCA) The report shall include the following: a) an analysis of the history and purpose of the MU district b) an inventory of the county's MU districts and the current land uses within them c) an analysis of the appropriateness and conformity of the existing land uses within the county's MU districts, with respect to: - the land development regulations - volume II of the comprehensive plan - the district's purpose d) an analysis of the appropriateness of the current MU district land development regulations (including but not limited to permitted uses, bufferyards, bulk regulations, and intensities) with respect to: - volume II of the comprehensive plan - the purpose of the district - historical concerns - spot zoning - the potential for conflicting land uses both within and between land use districts - the County's need for affordable housing - safety concerns e) a list of possible corrective actions f) recommended text amendment(s) to the land development regulations concerning the mixed use district and appropriate, supporting analysis g) recommended map amendment(s) to the land use district maps concerning the mixed use district and appropriate, supporting analysis I Source Materials 1) MU District Map Book 2) MU Slides 3) Land Development Regulations 4) Volumes I and II of the Comprehensive Plan 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 source materials - interview planning staff - survey MU sites 2. Public Workshop - duties of the consultant * present project overview * identify specific concerns * solicit public input - duties of the planning staff * arrange meeting site * arrange advertising and media coverage 3. Prepare Draft Report - synthesize input from public, staff, and research to produce draft report 4. Presentation to Staff - present draft report to staff for review and comment 5. Prepare Final Report - revise report based on staff comments 6. Submit Final Report - paper copy 5 1/4" floppy disk in suitable word processing format