90-HHHRESOLUTION NO. 90-~NH
A RESOLUTION.OF THE CITY.~COMMiSSiON.~OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING 'AND'DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND HUNTER SERVICES, INC.,
FOR PROFESSIONAL SERVICES TO ADDRESS
ISSUES RAISED IN DCA'S FINDING OF
NON-COMPLIANCE FOR THE CAPITAL
IMPROVEMENTS ELEMENT, A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "1"; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NOW, T~EREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute that certain Agreement, a
copy of which is attached hereto as Exhibit "1".
Section 2. This ReSolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this /~ day of April, 1990.
CITY
FLORIDA
ATTEST:
Ci~ Clerk -- ·
Cormi~issioner
~ner
(Corporate Seal)
Architecture, Eng/neefing and Planning
Reynolds, Smith and Hills, Inc.
6737 South~oint Drive Soum
Jacksonville. Florida 32216
904'296.2000
Fax 904,296,1673
July 30~ 1990
Ms. Carrie Parker
Assistant city Manager
City of Boynton Beach
City Hail
100 East Boynton Boulevard
Boynton Beach, Florida 33435
Subject: Compliance Agreement between City of Boynton Beach and Florida
Department of Community Affairs
Dear Ms. Parker:
Per our conversation, enclosed are two copies of a revised agreement for
nP°r°/f°e:;~°rnca]°f~a~r'~lsc7 tra~a~od~anngaltyh:e ?~-nei~eufmer~ ~dc:vUebr~:;te' r sTtihoi.S agreement
Please have both copies signed on behalf of the City, retain one for your
records and return the other for our files so that we may begin work.
We look forward to working with you on this assignment.
Sincerely,
~~,~,.~NOLDS, SMIT/~ HILLS, INC.
Coen V. Purvis, III
Cons u]tant
:sc
Enclosure
REYNOLDS, SMITH AND HILLS, INC.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the day of August, 1990, between THE CITY OF
BOYNTON BEACH, 100 East Boynton Boulevard, Boynton Beach, Florida 33435,
(the "CLIENT") and REYNOLDS, SMITH AND HILLS, INC. (Formerly known as
HUNTER SERVICES, 'INC.) with offices at 6737 Southpoint Drive South,
Jacksonville, Florida 32216 ("RS&H").
Witnesseth
The CLIENT desires RS&H to provide professional services for the project
described in ,Exhibit A to this Agreement (the "Project"). Therefore, the
CLIENT and RS&H, in consideration of the mutual covenants hereinafter set
forth, hereby agree as follows:
1. Services of RS&H
1.1 During the terms of this Agreement, RS&H agrees to perform professional
services in connection with the Project in accordance with the Scope of Services,
as described in Exhibit A.
1.2 The documents presented by RS&H are intended to be suitable only for the
work and at the site for which they were developed. The CLIENT shall defend,
indemnify and hold RS&H harmless from any liability arising from any other
such use by or through the CLIENT.
1.3 The total aggregate liability of RS&H to the CLIENT for damage due to any
negligent act, error or omission or to any other negligence of RS&H, shall be
limited to the total fee due RS&H for the services rendered under this
Agreement. The CLIENT agrees to defend, indemnify and hold RS&H harmless
against all suits, claims and demands of any type whatsoever made against RS&H
by third parties in connection with the Project, including costs and attorneys'
fees before trial,, at trial or on appeal. The CLIENT acknowledges, upon
signing and returning this Agreement, the receipt of $10.00 as specific
consideration for the indemnifications contained herein.
2. Client's Responsibilities
2.1 The CLIENT shall provide full information regarding the requirements for
the project.
2.2 The CLIENT shah designate, where necessary, a representative authorized
to act in his behalf with respect to the project. The CLIENT or his
representative shall examine documents submitted by RS&H or furnish
information required of him and shall render decisions pertaining thereto
promptly to avoid unreasonable delays in the progress of RS&H's work.
2.3 The RS&H representative for this contract is Jeannie Fewell, Senior
Consultant, 6737 Southpoint Boulevard South JacksonviLle, Florida 32216--
telephone 904/296-2000. '
3. Compensation and Method of Payment
3.1 The CLIENT agrees to pay RS&H as compensation for services as described
hereinbefore as follows:
(1) Payment for services shall be based on a lump sum amount of
$4,000.00, except as provided for in Exhibit A, Part III.
3.2 The CLIENT will be invoiced monthly for work completed to date, and the
invoiCereceipt. Will be due and payable at RS&H's Office in Jacksonville, Florida upon
4. Termination of Agreement
4.1 This Agreement may be terminated without cause by either party upon
fifteen (15) days written notice. In the event of termination, RS&H shall be
compensateli, as provided herein, for services performed to termination date
and for all termination expenses.
5. MisceIlaneous Provisions
5.1 RS&H is an equal opportunity employer.
5.2 This Agreement shall be enforced in accordance with the laws of the State
of Florida. It shall be binding on the heirs, successors and assigns of the
parties hereto. It may be amended only in writing by both of the parties
hereto.
5.3 In the event a dispute arises out of the Project, this Agreement or the
services provided hereunder, the non-prevaiLing party shall reimburse the
beforePrevailingtrial,partYat trialf°r oritSonC°StSappeal.°f Litigation or arbitration and attorneys' fees
CLIENT:
CITY OF BOYNTON BEACH
Name and Title
Lee Wische~ Vice Mayor
Attest
REYNOLDS, SMITH AND HILLS, INC.
ald RatLiff, Vice Presi~)t
Attest -' ' -
Page 2 of 2
EXHIBIT A
I. SCOPE OF SERVICES
This scope of services outlines the tasks necessary to bring the City of
Boynton Beach Capital Improvements Element (CIE) of the Comprehensive Plan
into compliance with Florida law, Rule 9J-5, F.A.C. The Florida Department
of Community Affairs cited several inconsistent provisions of the Capital
Improvements Element in its finding of noncompliance. Specifically, sections of
Rule 9J-5 which are not adequately addressed are as follows:
o Rule 9J-5.005(5), F.A.C.
o Rules 9J-5.005(2) and 9J-5.016(2)(f)1., 4.5, and 6., F.A.C.
o Rule 9J-5.016(4)(a)l.b, F.A.C.
o Rule 9J-5.016(3)(c)2., F.A.C.
In' order to meet the requirements of these rules, RS&H will undertake the
following tasks:
Take information provided by the City, and integrate this information into
a cohesive format and a cohesive document. Information and data to be
provided by the City includes the following:
· Five-year forecasts of all funds which include money for capital
improvements. These forecasts include both revenues and
expenditures for each fund.
· An analysis of debt capacity.
· Tax revenue projections for the next five years.
Analyze and assess the ability of the City to finance future capital
improvements and maintain levels of service through the Year 1995, based
upon projects which are exempt from the City's concurrency requirements,
projected population growth, and the availability of revenues. In
particular, it wi]] be necessary to assess the ability of the City to provide
parks and recreation facilities in accordance with the levels of service set
forth in Table 2 and Table 7, and the schedule of capital improvements set
forth in- Table 13 and Table 14 of the Recreation and Open Space Element.
Revise the levels of service in the Plan, and the Five-Year Schedule of
Capital Improvements, in accordance with the data and analysis in the CIE.
Pohcies 9D. 1.6, 9D. 2.8, and 9D. 4.4 in the Stipulated Settlement Agreement
require the Five-Year Schedule of Capita] Improvements and the levels of
service to be amended in accordance with the data and analysis required
by the Agreement.
Revise the findings of consistency between the Five-Year Schedule of
Capital Improvements and the individual Plan elements, based upon the
analysis and the revisions to the levels of service which are to be
performed under Tasks B. and C., above.
II. DELIVERABLES
A. RS&H will send draft copies of the revised Capital Improvements Element
to the City for review 45 days after notice to proceed. The City will have
seven days to send RS&H written comments and RS&H will have seven days
to incorporate the'comments into a final draft.
B. The City w/ll provide RS&H with the computer fries containing the current
Capital Improvements Element so that necessary changes can be made.
These changes will be made in legal format.
III. FEE
Our fee for the services outlined above is $4,000.00. This fee includes
all expenses and supplies associated with performing this task and is based on
2
the assumption that all work by RS&H can be accomplished in its Jacksonville
office. If any meetings and presentations are required in Boynton Beach, each
such occasion will cost an additional $1,000, inclusive of labor and travel
expenses.
HUNTER SERVICES,INC.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the day of April, 1990, between THE CItY OF
BOYNTON BEACH, Planning Department, 100 East Boynton Boulevard, Boynton Beach',
Florida 33435, (the "CLIENT") and HUNTER SERVICES, INC. with offices at 6737
Southpoint Drive South, Jacksonville, Florida 32216 ("HUNTER").
Witnesseth
The CLIENT desires HUNTER to provide professional services for the project
described in Exhibit A to this Agreement (the "Project"). Therefore, the
CLIENT and HUNTER, in consideration of the mutual covenants hereinafter set
forth, hereby agree as follows:
1. Services of HUNTER
1.1 During the terms of this Agreement, HUNTER agrees to perform professional
services in connection with the Project in accordance with the Scope of
Services, as described in Exhibit A.
1.2 The documents presented by HUNTER are intended to be suitable only for
the work and at the site for which they were developed. The CLIENT shall
defend, indemnify and hold HUNTER harmless from any liability arising from any
other such use by or through the CLIENT.
1.3 The total aggregate liability of HUNTER to the CLIENT for damage due to
any negligent act, error or omission or to any other negligence of HUNTER,
shall be limited to the total fee due HUNTER for the services rendered under
this Agreement. The CLIENT agrees to defend, indemnify and hold HUNTER
harmless against all suits, claims and demands of any type whatsoever made
against HUNTER by third parties in connection with the Project, including
costs and attorneys' fees before trial, at trial or on appeal. The CLIENT
acknowledges, upon signing and returning this Agreement, the receipt of $10.00
as specific consideration for the indemnifications contained herein.
2. Client's Responsibilities
2.1 The CLIENT shall provide full information regarding the requirements for
the project.
2.2 The CLIENT shall designate, where necessary, a representative authorized
to act in his behalf with respect to the project. The CLIENT or his
representative shall examine documents submitted by HUNTER or furnish
information required of him and shall render decisions pertaining thereto
promptly to avoid unreasonable delays in the progress of HUNTER's work.
2.3 The HUNTER representative for this contract is Jeannie Fewell, Senior
Consultant, 6737 Southpoint Boulevard South, Jacksonville Florida 32216--
telephone 904/739-2000. '
3. Compensation and Method of Payment
3.1 The CLIENT agrees to pay HUNTER as compensation for services as described
hereinbefore as follows:
(1} Payment for services shall be based on a lump sum amount of
$8,OOO.OO.
3.2 The CLIENT will be invoiced monthly for work completed to date, and the
invoice will be due and payable at HUNTER's Office in Jacksonville, Florida
upon receipt.
4. Termination of Agreement
4.1 This Agreement may be terminated without cause by either party upon
fifteen {15) days written notice. In the event of termination, HUNTER shall
be compensated, as provided herein, for services performed to termination date
and for all termination expenses.
5. Miscellaneous Provisions
5.1 HUNTER is an equal opportunity employer.
5.2 This Agreement shall be enforced in accordance with the laws-of the State
of Florida. It shall be binding on the heirs, successors and assigns of the
parties hereto. It may be amended only in writing by both of the parties
hereto.
5.3 In the event a dispute arises out of the Project, this Agreement or the
services provided hereunder, the non-prevailing party shall reimburse the
prevailing party for its costs of litigation or arbitration and attorneys'
fees before trial, at trial or on appeal.
5.4 Upon written notice from HUNTER, the CLIENT shall consent to the
assignment of this Agreement to any person or entity controlling, controlled
by, under common control with or affiliated with HUNTER, including, without
limitation, the assignment of the this Agreement to Reynolds, Smith and Hills,
Inc., a Florida corporation, or to such other corporation controlled by the
management and employees of HUNTER. In the event this Agreement is assigned
to Reynolds, Smith and Hills, Inc., or such other corporation, CLIENT hereby
agrees to release HUNTER from any and all claims arising under this Agreement,
and agrees to execute, acknowledge and deliver such documents as are
reasonably requested by HUNTER evidencing said release.
Page 2 of 3
CLIENT:
Name and Title
Attest
NUNTER SERVICES, INC.
Attest
Page 3 of 3
EXHIBIT A
SCOPE OF SERVICES
This scope of services outlines the tasks necessary to bring the City of
Boynton Beach Capital Improvements Element (CIE} of the Comprehensive Plan
into compliance with Florida law, Rule 9J-5, F.A.C. The Florida Department
of Community Affairs cited several inconsistent provisions of the Capital
Improvements Element in its finding of noncompliance. Specifically, sections
of Rule 9J-5 which are not adequately addressed are as follows:
o Rule 9J-5.005{5), F.A.C.
o Rules 9J-5.005(2} and 9J-5.016(2){f)l., 4.5, and 6., F.A.C.
o Rule 9J-5.016(4}{a)1.b, F.A.C.
o Rule 9J-5.016(3}(c)2., F.A.C.
In order to meet the requirements of these rules, HUNTER will undertake
the following tasks:
A. Review Drainage Sub-element and Capital Improvements Schedule of
Improvements to determine consistency of projected capital
expenditures. Additional information provided by the City's
engineering consultant concerning capital expenditures for drainage
facility improvements will be incorporated into the analysis.
B. Provide projections of all expenditures, revenues from all revenue
sources and certain tax bases, operating cost considerations, and
debt capacity for a period of five years subsequent to plan
adoption.
C. Revise the Capital Improvements Schedule of Improvements to contain
a determination of consistency with individual comprehensive plan
el ements.
II.
D. Revise the Capital Improvements Element Policy 9D.4.2 to specify
the minimum debt service coverage ratio to guide the development
and implementation of all future bond issues. This policy will be
addressed with assistance provided by the City's Bond Counsel
DELIVERABLES
Ae
HUNTER will provide written comments to the City by May 4, 1990,
which will be used as the basis for enacting a compliance agreement
between DCA and the City. Our ability to meet this deliverable
date is' contingent on the City's prompt response to and approval-
of this contract on or before April 20, 1990. Also, it is HUNTER's
understanding that it would not be necessary for the compliance
agreement' to include the required data and analysis (]tems A. and
B., above), but only a timetable for producing this information.
HUNTER will send draft copies of the revised Capital ]mprovements
Element to the City for review 45 days after notice to proceed.
The City will have seven days to send HUNTER written comments and
HUNTER will have seven days to incorporate the comments into a
final draft.
Ce
III. FEE
The City will provide HUNTER with the computer files containing the
current Capital Improvements Element so that necessary changes can
be made. These changes will be made in legal format.
Our fee for the services outlined above is $8,000.00. This fee includes
all expenses and supplies associated with performing this task.
,Architecture. En.~ineen n~, Planmn2 and Environmental Servxces
Hunter Services, Inc.
0737 Southpomt Drive South(~~-'16-6I~)
P.O. Box 4850
Jacksonville. Florida 3~.=C,I ? ~ ~ -48~0
904/739-20gX~ FAX 904/731.1673
April 9, I990
RECEIVED
APR 1 1 1090
PLANNING DEPT.
Mr. Timothy Cannon
Acting Director
Planning Department
City of Boynton Beach
City Hall
100 East 8oynton Boulevard
Boynton Beach, Florida 33435
Dear Tim:
Enclosed are two copies of an a. re
~dd~es~ the issues raised in DC~g~se~ for ~rofessional services
capital Improvements EI:~-+ ~.-~.u~ng ot non-comnlia.~ ~_ ~o
preparation of +~ ..... ~'"~'t~' ~nis aoreeme,+ ~ ..%= ,,ur tne
c~-~ .... ~-: ~ec?sary language the C~ ~.,~ ~,~u. ~nc/u~es the
.... ~,,-,ce agreement with DCA. ]ty w~ll need ]n drafting the
As you are aware, our company is still in the process of changing back tJ
the name of Reynolds, Smith and Hills, Inc. This should become final
within the next several months. Please note Paragraph 5.4 of the attached
agreement. A letter of assignment will be forthcoming, shortly.
If you desire no changes in the contract, just sign both copies and return
one to us so that we may begin drafting the language to be used in the
compliance agreement.
Jeannie and I look forward to working with you on this very important
task.
Yours tru)y,
Hunter/RS&H
Coen Purvis
Associate
:SC
Encl os ute
VI.
?LANNING DEPT. MEMORANDUM NO. 90-98
AGENDA MEMORANDUM
LEGAL
C.7
cc: Plan
TO:
FROM:
DATE:
SUBJECT:
j. scott Miller, City Manager
Timothy cannon, Acting Planning Director
April 11, 1990
con~ract wzth Reyonid, smith and Hills, inc.
for Capital improvements Element compliance
- Hunter Services
Please place the following item on the City commission agenda for
the April 17, 1990 commission meeting under "VI. LEGAL: D.
other."
Accompanying this memorandum, you will find a draft contract
between the City and Reynold, smith and Hills, Inc. for the
completion of work which is necessary to bring the capital
improvements Element of the City's comprehensive Plan into
compliance with Florida law. It will be necessary for the City
to execute a compliance Agreement with the Florida Department of
community Affairs prior to MaY 27, 1990, in order to abate the
hearing which is scheduled be held by the Florida Division of
Administrative Hearings on June 27, 1990, in Boynton Beach City
Hall. Insofar as this compliance Agreement concerns the Capital
improvements Element, the data and analysis whiCh needs to done
for the CiE does not need to be completed prior to MaY 27~
however, the compliance Agreement will need to include a
timetable for the completion of this work.
The fee proposed bY Reynold, smith, and Hills is S8,000.00 if
the Commission approves this contract, the City staff will, in
turn, apply to the Department of community Affairs for a grant to
reimburse the City for this cost. The City will need to execute
the compliance Agreement before the grant money can be paid to
the City.
Reynold~ smith and Hills, Inc. has an established track record
with respect to preparing capital improvements elements and
arranging financing for public facilities, and ms well-qualified
to perform this work. Therefore, I would recommend that the City
commission approve this contract.
Timothy P- cannon