R01-181
RESOLUTION NO. R 01-lel
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF AN RFP (NO. 047-24i7-0ijKR TO
STRATEGIC PLANNING GROUP, INC., FOR THE
MARTIN LUTHER KING, JR., BOULEVARD
NEIGHBORHOOD PLANNING STUDY, IN THE
AMOUNT OF$50,OOQ.OOi AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONSULTANT
AGREI;MENTi.AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Procurement Services received and opened Bids for the above
mentioned project on April 2, 2001, and it was determined that Strategic Planning
Group, Inc., was the most responsive bidder who met and exceeded all specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of an RFP for the Martin Luther King, Jr., Boulevard
Neighborhood Planning Study, in the amount of $50,000.00, to Strategic Planning Group,
Inc., and authorizing the Mayor and City Clerk to execute a Consultant Agreement
between the parties, a copy of which is ,attached hereto as Exhibit "A".
Section 2.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ~ day of May, 2001.
CH, FLORIDA
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l7. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this ~ day of
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CITY OF BOYNTON BEACH
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Title
(Corporate Seal)
Approved as to Form:
N-Ac-R~~
Office of the City Attorney
Rev. 1/22/91
CA-4
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R01- Lal
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CONSULTANT AGREEMENT FORM
MARTIN LUTHER KING, JR. BOULEVARD
NEIGHBORHOOD PLANNING STUDY
THIS AGREEMENT is elltered into betweeIl the City of Boynton Beach, hereinafter referred to
as "the City", andST~1'EGIC PLANNING GROUP. INC" hereinafter referred to as "the
Consultant", in ccmsideration of the mutual benefits, terms, and. conditions hereinafter specified.
1. PROJECT DESIGNATION.. The Consultant is retained by the City to perform Consultant
services in connection with the project designated "MARTIN LUTHER KING. JR.
BOULEV ARD.NEIGHBORHOODPLANNING STUDY".
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provisioIl of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant .shall perform all services
and provide all work product required pursu.ant to this agreement not to exceed 180 days
from the date written notice is given to proceed, unless an extension of such time is granted
in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant is a fixed fee of $ 45.000.00, with up to
$ 5.000,00 for reimbursable expenses and additional.services as required.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
CA-l
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services. rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shaUbe permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in. connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this servke.agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices,. agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees .and costs, arising from injury or death to persons,
including inj'uries, sickness, di~ease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. It is the responsibility of the successful proposer to maintain workers'
compensation insurance, property damage, liability insurance and vehicular liability
insurance, during the duration ofthis contract. The Consultant shall secure and maintain in
force throughout the duration of this contract comprehensive general and automobile liability
insurance with a minimum coverage of $ 1,000,000 per occurrence and $ 1,000,000
aggregate for personal injury; and $ 1,000,000 per occurrence/aggregate for property damage
and professional liability insurance in the amount of $ 1,000,000. The Consultant shall
secure and maintain in force throughout the duration of this contract Worker's Compensation
insurance of Statutory limits. Said general liability policy shall name the City of Boynton
Beach as an. additional named insured and shall include a provision prohibiting cancellation
of said policy except upon thirty (3) days prior written notice to the City. Said insured
companies must be authorized to do business in the State of Florida and the City will not
accept any company that has a rating less that B+ in accordance to A.M. Best's Key Rating
guide, latest edition.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect. to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees. by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
CA-2
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRlMINATION>PROHIBITED. The. Consultant, with regard to the work performed by
it under this. agreement, wilLnot discriminate on the grounds of race, color, national origin,
religion,creed,age,~exorthepresence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials. or supplies.
12. ASSIGNMENT.. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
13. NON~WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the .courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shalf be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425~031 0
Attn: Ouintus Greene. Director of Development
Notices to Consultant shall be sent to the following address:
Strategic Planning Group. Inc.
5995 "B" Phillips Highway
Jacksonville.FL 32216
Attn:. Robert J. Gray. AICP
CA-3
L LI,
EXHIBIT "A"
Scope of Services
The Martin Luther King, Jr. Boulevard Neighborhood Planning Study, focusing on the
community-guided redevelopment potential, will include the following four(4) components:
1. The Planning Component
The preparation of the Planning Component will involve a community vlSloning session
engaging neighborhood residents as well as representatives from business, education, non-
profits, and government.
The consultant is expected to:
· Review existing uses within the zoning districts to determine compatibility
· Identify appropriate uses for the neighborhood
· Determine the need to change density/intensity of development in the neighborhood
· Identify opportunities and constraints for development and redevelopment
The planning component will provide:
· Policy recomIl1endations for the Comprehensive Plan
· Proposed amendments to the future land use map
· Recommendations regarding inclusion or exclusion of specific uses and designation of
conditional uses
· Proposed re-zonings for portions of the neighborhood and recommendations for zoning
code revisions to accommodate the proposed mix of uses
· Recommendations for zoning code revisions to provide site design standards and parking
recommendations to guide redevelopment and future development within the
neighborhood
CA-5
2. The Economic Development Component
The Economic Development Component will utilize, in part, the results of a Community Needs
Assessment which will be a separate study.
The consultant is expected to:
. Analyze current socio-economic conditions within the neighborhood area
. Explore particular economic development strategies, including but not limited to:
. The identification of business opportunities
. The implementation of housing rehabilitation, demolition and/or replacement
programs
. The involvement of businesses, churches and community leaders in community
revitalization and overall capacity building efforts
3. The Urban Design Component
The Urban Design Component will be based on the results of a two-three day public design
session- a charette. A design charette will be conducted around goals and objectives
established by the community visioning session, to be conducted by city staff and the community
prior to the design charette.
The consultant is expected to provide:
. Illustrative Master Plan presenting a conceptual vision of the Martin Luther King, Jr.
Boulevard neighborhood
. Illustrative Plan presenting desirable housing typologies with respective location
· Architectural Standards and Guidelines to be followed in order to provide consistency
of theme while allowing flexibility (grapmcally represented)
. Graphic illustrations presenting the "new" image of the Martin Luther King, Jr.
Boulevard neighborhood (perspectives, elevations, and/or axonometrics)
. An Urban Code illustrating building plac~ment, uses, building height, and parking
requirements
CA-6
4. Implementation Plan Component
The Implementation Plan Component will include phasing of both strategies and specific
redevelopment projects, budgets and potential sources offunding.
The consultanfwill have the following information available in hardcopy format from City staff:
· Plan Requirements as submitted for the Martin Luther King, Jr. Boulevard
Neighborhood Planning Study as funded hy the Department of Community Mfairs
· Contract executed by State funded grant agreement for the Urban Infill ana.
Redevelopment Assistance grant program between the City of Boynton Beach and the
Florida Department of Community Affairs
· Comprehensive Plan
· Visions 20/20 Redevelopment Plan
· Community Redevelopment Plan
· 1996 Martin Luther King, Jr. Planning Study
· Future Land Use Map
. Zoning Map
NOTE: Contact Dan DeCarlo, Neighborhood Project Specialist, (561) 742-6028; -OR- Dick
Hudson, Senior Planner, (561) 742-6264 for the information listed above.
CA-7
Roi -las
CONSULTANT AGREEMENT FORM
MARTIN LUTHER KING, JR. BOULEVARD
NEIGHBORHOOD PLANNING STUDY
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and STRATEGIC PLANNING GROUP, INC., hereinafter referred to as "the
Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant
services in connection with the project designated "MARTIN LUTHER KING, JR.
BOULEVARD NEIGHBORHOOD PLANNING STUDY ".
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
wntten notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement not to exceed 180 days
from the date written notice is given to proceed, unless an extension of such time is granted
in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant is a fixed fee of $ 45,000.00, with up to
$ 5,000.00 for reimbursable expenses and additional services as required.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
CA -1
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. It is the responsibility of the successful proposer to maintain workers'
compensation insurance, property damage, liability insurance and vehicular liability
insurance, during the duration of this contract. The Consultant shall secure and maintain in
force throughout the duration of this contract comprehensive general and automobile liability
insurance with a minimum coverage of $ 1,000,000 per occurrence and $ 1,000,000
aggregate for personal injury; and $ 1,000,000 per occurrence /aggregate for property damage
and professional liability insurance in the amount of $ 1,000,000. The Consultant shall
secure and maintain in force throughout the duration of this contract Worker's Compensation
insurance of Statutory limits. Said general liability policy shall name the City of Boynton
Beach as an additional named insured and shall include a provision prohibiting cancellation
of said policy except upon thirty (3) days prior written notice to the City. Said insured
companies must be authorized to do business in the State of Florida and the City will not
accept any company that has a rating less that B+ in accordance to A.M. Best's Key Rating
guide, latest edition.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
CA -2
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
13. NON - WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Attn: Quintus Greene, Director of Development
Notices to Consultant shall be sent to the following address:
Strategic Planning Group, Inc.
5995 `B" Phillips Highway
Jacksonville, FL 32216
Attn: Robert J. Gray, AICP
CA -3
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this 4 day of , 2001 .
CITY OF BOYNTON BEACH
Mayor ► ►i ►�tuttil Consultant 5 :1 �L �. °._� %L ,
.�` \' ®OYN7. /i 6,L.r - -�ti'�
\ 0
Attest /Authenticate& U ' c3 p C � 1
/s Title
r rn (Corporate Seal)
C y Clerk
Approved as to Form: Attest/Authenticated:
(i C J ,t,'
Office of the City Attorney Secretary
Rev 1 /22/91
CA -4
EXHIBIT "A"
Scope of Services
The Martin Luther King, Jr. Boulevard Neighborhood Planning Study, focusing on the
community- guided redevelopment potential, will include the following four (4) components:
1. The Planning Component
The preparation of the Planning Component will involve a community visioning session
engaging neighborhood residents as well as representatives from business, education, non-
profits, and government.
The consultant is expected to:
• Review existing uses within the zoning districts to determine compatibility
• Identify appropriate uses for the neighborhood
• Determine the need to change density /intensity of development in the neighborhood
• Identify opportunities and constraints for development and redevelopment
The planning component will provide:
• Policy recommendations for the Comprehensive Plan
• Proposed amendments to the future land use map
• Recommendations regarding inclusion or exclusion of specific uses and designation of
conditional uses
• Proposed re- zonings for portions of the neighborhood and recommendations for zoning
code revisions to accommodate the proposed mix of uses
• Recommendations for zoning code revisions to provide site design standards and parking
recommendations to guide redevelopment and future development within the
neighborhood
CA -5
2. The Economic Development Component
The Economic Development Component will utilize, in part, the results of a Community Needs
Assessment which will be a separate study.
The consultant is expected to:
• Analyze current socio- economic conditions within the neighborhood area
• Explore particular economic development strategies, including but not limited to:
• The identification of business opportunities
• The implementation of housing rehabilitation, demolition and/or replacement
programs
• The involvement of businesses, churches and community leaders in community
revitalization and overall capacity building efforts
3. The Urban Design Component
The Urban Design Component will be based on the results of a two -three day public design
session - a charette. A design charette will be conducted around goals and objectives
established by the community visioning session, to be conducted by city staff and the community
prior to the design charette.
The consultant is expected to provide:
• Illustrative Master Plan presenting a conceptual vision of the Martin Luther King, Jr.
Boulevard neighborhood
• Illustrative Plan presenting desirable housing typologies with respective location
• Architectural Standards and Guidelines to be followed in order to provide consistency
of theme while allowing flexibility (graphically represented)
• Graphic illustrations presenting the "new" image of the Martin Luther King, Jr.
Boulevard neighborhood (perspectives, elevations, and/or axonometrics)
• An Urban Code illustrating building placement, uses, building height, and parking
requirements
CA -6
4. Implementation Plan Component
The Implementation Plan Component will include phasing of both strategies and specific
redevelopment projects, budgets and potential sources of funding.
The consultant will have the following information available in hardcopy format from City staff:
• Plan Requirements as submitted for the Martin Luther King, Jr. Boulevard
Neighborhood Planning Study as funded by the Department of Community Affairs
• Contract executed by State funded grant agreement for the Urban Infill and
Redevelopment Assistance grant program between the City of Boynton Beach and the
Florida Department of Community Affairs
• Comprehensive Plan
• Visions 20/20 Redevelopment Plan
• Community Redevelopment Plan
• 1996 Martin Luther King, Jr. Planning Study
• Future Land Use Map
• Zoning Map
NOTE: Contact Dan DeCarlo, Neighborhood Project Specialist, (561) 742 -6028; -OR- Dick
Hudson, Senior Planner, (561) 742 -6264 for the information listed above.
CA -7