R02-158 RESOLUTION NO. R02- I ~'~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF RFQ #065-2414-
02/KR TO THE RMPK GROUP, INC,. IN THE
AMOUNT OF $70,000 FOR THE REWRITING OF
LAND DEVELOPMENT REGULATIONS FOR THE
CITY OF BOYNTON BEACH; AUTHORIZING
EXECUTION OF THE CONTRACT DOCUMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission of the City
)f Boynton Beach does hereby approve the award of RFQ #065-2414-02/KR to the
~VIPK Group, Inc,. in the amount of $70,000 for the Rewriting of Land Development
?,egulations for the City of Boynton Beach; and
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,
tereby approves the award of RFQ #065-2414-02/KR to the RMPK Group, [nc,. in
he amount of $70,000 for the Rewriting of Land Development Regulations for the
~ity of Boynton Beach, and authorizes execution of contract documents. A copy of
,aid Contract is attached hereto.
Section 2. That this Resolution shall become effective immediately.
:\CA\RESO~Agreements\Bid Awards~Award of RFQ -RMPK Group - LDR Rewrite,doc
PASSED AND ADOPTED this !"/ day of September, 2002.
CITY O1~ BOYN.TON BEACH,,FLORIDA
~ ~missioner
~m~}ion~~
~TTEST:
:\CA\RESO~Agreements\Bid Awards~Award of RFQ -RMPK Group - LDR Rewrite.doc
CONSULTANT AGREEMENT FOR
REWRITING OF LAND DEVELOPMENT REGULATIONS
FOR THE CITY OF BOYNTON BEACH
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and THE RMPK GROUP, INC., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform consultant
services in connection with the project designated "Rewriting of Land Development
Regulations for the City of Boynton Beach".
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.
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 pursuant to this agreement by twelve 02) months
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:
ao
Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$ 70,000.00 without express written modification of the agreement signed by the City.
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.
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.
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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.
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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.
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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.
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.
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.
INSURANCE. It shall be 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 (30) days prior written notice to the City. Loss by fire or
any other cause shall be the responsibility of the vendor until such time as the items and/or
work has been accepted by the City. The vendor shall furnish the City with a certificate of
insurance after award has been made prior to the start of any work on City property. 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 than B+ in accordance to A.M. Best's Key
Rating Guide, latest edition.
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.
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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. 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.
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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: Lusia Galav, Principal Planner
Notices to Consultant shall be sent to the following address:
The RMPK Group, Inc.
1519 Main Street
Sarasota, FL 34236
Attn: Russell G. Moore
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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 iq dayof Sep+em.bec ,20oz.
!
CITY OF BOYNTON BEACH
l~f~yor / v
Attest/Authenticated:
Approved as to Fo~:
Title
(Corporate Seal)
Attest/Authenticated:
Office of tl~ City Attorney ·
Secretary
Rev. 1/22/91
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EXHIBIT "A"
SCOPE OF SERVICES
The process of rewriting the Land Development Regulations will focus on three (3) major goal
areas;
1. Substantive Goals
· Offer a range of housing options
· Maintain existing character of established neighborhoods
· Facilitate redevelopment and In fill development, particularly in the Community
Redevelopment Area (CRA)
· Maintain consistency with recommendations in the~ Community Redevelopment Plan,
Vision 20/20 Plan, Heart of Boynton Study, and the U.S. 1 Corridor Study
· Implement and maintain consistency with the adopted Comprehensive Plan
· Maintain consistency with the new Engineering Standards Manual
· Meet the minimum requirements of Florida Statutes, Chapter 163, regarding Land
Development Regulations
· Facilitate mixed use development
· Address opportunities for increased densities, particularly in the CRA
· Encourage new urbanism alternatives to conventional suburban forms of development
· Refine the current suburban regulations to achieve improved community design
· Incorporate "Best Development Practices" of the State Department of Community Affairs
· Revise definitions as appropriate
2. Process Goals
· Predictable - Similar circumstances should produce similar results
· Understandable - General public should be able to comprehend the code
· Enforceable - Easily enforceable by the City's administration
· Provide more oppommities for administrative approval of development plans
3. Format Goals
· Increase the use of graphics, charts and tables in place of voluminous text
· Specifically include a readable Zoning Use table
· Eliminate redundancy, duplication of procedures, and internal inconsistencies
· Increase usability of the document by clearly identifying information and its location
· Provide a consistent cross-reference method
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Deliverables:
It is expected that the end product will, at a minimum, produce the following items or procedural
elements:
7. Draft Land Development Regulation document to include one (1) original, so designated,
and 15 copies, which will be reproducible and available as a bound document and in an
acceptable digital format.
8. Graphic display and executive summary to describe the proposed regulations, particularly
the contrast or comparison with current regulations. Graphic display may include charts,
tables, or drawings suitable for an overhead projector or Powerpoint presentation.
9. A public review and input process to include public workshops and meetings in addition
to the statutory review and approval process.
10. Presentation of all draft information to the following Boards or Committees:
a. Technical Advisory Committee (TAC) - One (1) meeting
b. Strategic Initiative 2.10 Team - One (1) meeting
c. Community Redevelopment Agency (CRA) - Minimum of two (2) meetings
d. Planning and Development Board - Minimum of two (2) meetings
11. Presentation at City Commission workshop meeting- Minimum of one (!) meeting
12. Attendance and presentation at all adoption public hearings before the City Commission
- Minimum of two (2) meetings.
It is noted that all work products resulting from this project will be the exclusive property of the
City of Boynton Beach.
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EXHIBIT "B"
PAYMENT TO CONSULTANT
Budget and Timetable:
The budget £or the Rewriting of the Land Development Regulations is a fixed fee of $ 70,000.00.
The contract period shall not exceed twelve (12) months from a formal notice to proceed.
The Consultant will be required to provide written status reports on the 30th of each month for the
period of' the contract.
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