Resolution 131-1989
Growth Management
RESOLUT I O!\LNq~__)31-1989
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, RESCINDING RESOLUTION NO.
106-1989 AND .\UTHORIZING THE
MAYOR/CHAIRMAN OF TH:~ BOARD TO EXECUTE
A CONSULTING AGREEMENT BY AND BETWEEN
DAVID A. ORNSTEIN, A. I.C.P. AND MONROE
COUNTY CONCERNING THE HOLIDAY ISLE AREA
OF CRITICAL COUNTY CONCERN.
WHEREAS, the Monroe County Board of County Commissioners,
at its meeting on February 21, 1989 passed resolution No.
106-1989, authorizing the Chairman of the Board to execute a
certain agreement between Monroe County and David A. Ornstein,
A.I.C.P.; and
WHEREAS, the terms of that a';]reement have been revi sed to
incorporate changes recommended l:y t.he Florida Department of
Community Affairs, which must approve this agreement; and
WHEREAS, the Board of County Commissioners wishes to
execute the agreement as amended; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that ResoJution No. 89-106 is revoked,
and 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 the Holiday I sle Area of
Critical County Concern, a copy of same being attached hereto.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
71-4
day of t1Ja.~,
A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
ATTESTDAm{Y J.1tOLBAGEa ~k
OF MONROE COUNTY, FLORIDA
BY~~~' >1/1- . d~)~,t'.
Clerk
By
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Mayor/Chairman
(Seal)
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gONTRACT
THIS CONTRACT, made and entered int:o this day of March 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 recommending
alternatives available for adequate, legal parking in the Holiday Isle
Area of Critical County Concern, which compri ses one of several land
use districts contained in the County adopted Land Development
Regulationsi and WHEREAS, the CONSULTANT represents that he is
professionally qualified to prepare such a reporti and
WHEREAS, the COUNTY desires to employ the CONSULTANT to produce such
reporti
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 - _Scope of 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 ~; - 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 Dollars ($5000), except as
may be provided for by mutual 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
execution of this CONTRACT by all parties.
B. Services enumerated in Attachment "A" shall be completed by the
CONSULTANT by May I, 1989, unless the CONTRACT is not executed by all
parties prior to the end of March 1989. In any event, all work shall
be completed no later than May 30, 1989.
Section IV - F~~ and Payment Schedule
A. Payment Schedule
The fee for services set forth herein shall be as follows:
1. One Thousand Dollars ($1,000) shall be payable upon delivery to
the COUNTY of a memorandum discussing the issues identified in
meeting(s) between the CONSULTANT and the contacts outlined in
Attachment "A."
2. Three Thousand Dollars ($3,000) 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 fi~~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 $5,000. In the event that the CONSULTANT is
determined to have breached thi s 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 commi ssion, 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 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
CONSULTANT shall
termination not
be compensated
the
for
faul t of the
all services
CONSULTANT, the
performed under
Section IV (A) to termination date, by pro rating the percentage of the
project ~ompleted 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.
The parties agree to be bound by the terms of that agreement between
the COUNTY and the DCA dated November 7, 1986, providing for funding
assistance to the COUNTY in connection with the implementation of the
Florida Keys Comprehensive Plan. Funding for this contract is
contingent upon approval of this contract by the DCA.
The CONSULTANT shall indemnify and hold harmless the COUNTY and the DCA
against all claims of whatever nature arising out of the performance of
work under this agreement.
IN WITNESS THEREOF, the parties hereto have executed this CONTRACT
on the date and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Clerk
Mayor/Chairman
(SEAL)
DAVID ~ORNSTEIN,nJY;'1i. C
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APPROVED AS TO PORM
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ATTACHMENT A
Holiday Isle RFP and Work Program
Deadline: May I, 1989
Compensation: $5000
Product
The consultant shall prepare a report on the Holiday Isle Area of
Critical County Concern (ACCC) exploring the alternatives available for
adequate, legal parking. The consultant's recommendations shall
incorporate any FDOT plans and improvements for the area, the county
land development regulations, and any remedies planned by the property
owner(s). 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 inventory of the existing uses at Holiday Isle
b) an analysis of the parking deficit at Holiday Isle based on the
county's land development regulations
c) a discussion and analysis of the alternatives available for
providing adequate, legal parking
d) parking plans illustrating the corrective actions available
e) recommended corrective actions
f) a discussion and analysis of potential amendments to the land
use district maps and to the text of the land development
regulations resulting in the removal of the site's ACCC
designation
g) recommended map and text amendments
Source Materials
1) Staff Report: Existing Conditions and Zoning Analysis
2) Staff Report: Synopsis of the Commercial Properties in the Holiday
Isle Area of Critical County Concern
3) Land Development Regulations
4) FDOT improvement plans
5) Contacts: Joe Roth, primary property owner
Richard McAllister, FDOT
Lorenzo Aghemo, County Planner
Tim DuBose, County Planner
305-664-2321
305-743-6516
305-852-5414
"
Work Program
The following are scheduled dates for the completion of various stages
of the work. In all cases the consultant must provide the necessary
graphic, drafting, and clerical support.
1. Initial Research (3/17/89)
- review source materials
- visit the site
- meet with contact persons
- present a memorandum to staff discussing the issues identified
in meeting(s) between the consultant and the contact persons
2. Prepare Draft Report (3/31/89)
- synthesize input contact persons and research to produce draft
report
3. Presentation to Staff (4/7/89)
- present draft report to staff for review and comment
4. Prepare Final Report (4/14/89)
- revise report based on staff comments
5. Submit Final Report (5/1/89)
- paper copy
5 1/4" floppy disk in suitable word processing format