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R04-0981 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R04- CYq i~5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORDA, APPROVING THE AWARD OF RFQ #0025-2710-04/CJD TO GLATTING, JACKSON, KERCHER, ANGLIN, LOPEZ, RINEHART, INC., FOR CONSULTING SERVICES FOR THE DEVELOPMENT OF A STRATEGIC PLAN AND UPDATING THE RECREATOIN AND OPEN SPACE ELEMENT OF THE CITY OF BOYNTON BEACH'S COMPREHENSIVE PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT BETWEEN THE CITY AND GLATTING, JACKSON, ET AL.; AND PROVDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City )f Boynton Beach does hereby approve the award of RFQ #024-2710-04-CJD, and mthorizes the City Manager to execue a Letter of Agreement between the City and 31atting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc., in the amount of $60,000 'or consulting services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 2OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, ~ereby approves the award of RFQ #024-2710-04-CJD, and authorizes the City Vlanager to execute a Letter of Agreement between the City and Glatting, Jackson, ~ercher, Anglin, Lopez, Rinehart, Inc., in the amount of $60,000 for consulting ;ervices, for the Development of a Strategic Plan and Updating the Recreation and )pen Space Element of the City of Boynton Beach's Comprehensive Plan, a copy of .aid Contract is attached hereto ;:\CA\RESOXAgreements\Bid Awards~Award of RFQ - GlaRing Jackson - Strategic Plan Update.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this I~- day of June, 2004. 23 24 25 II C, 26 27 28 29 CITY OF BOYNTON BEACH, FLORIDA ...... '- ~ommlsSlO~ C . ..zf.p ~ [~EST: ...... ~.. :\CA\RESO'C, greements\Bid Awards~ward of RFQ - Glatting Jackson - Strategic Plan Update.doc Jack E Glatting, Founder William J. Anglin. Jr. David L. Barth Jay' H. Exuln Care~ S- Hayo Jay R. Hood Timothy T. Jackson William C. Kercher, Jr. Walter M. Kulash Sharon K. Lamantia S. Raymond Lopez Thomas J. McMacken. Jr. John H. Percy John E Rinehart Gregory A. Bryla Frances Chandler-Marino John W Cheek David lk. Clau~ Charles E Cobble Michael K. Cochran Jeffrey S. Collins A. Blake Drury Sandy A. Pranks Dou~as \~ Gaines Bruce C. Hall Jonathan x~,~ Hoffman David M. Kumer Gall 1)./acey Brent A. Lacy Wilham D. Lites [an M. Lockwood Kok Wan Mah Jeffrey E Manuel Edward J. McKinney Randall S. Mejeur Douglas A. Metzger John J. Moore 111 Balraj N. Mohabeer Jonathan M. Mugmon Kirk J. Olney Timothy R. Palermo Kelley Samuels Peterman Heather J. Phiel Troy P Russ Jodi L. P,.utmann Peter C. Sechler Michael Sobczak Jeff M. Sugar Ronald L. Urbaniak G. V&tde Wa lker Gar,' E. Warner Donald G. Wishart Community Planning 222 Clematis Street Suite 201! West Palm Beach Florida, 334~1 P: 561 659 6552 F: 56l 833 1791~ wwvc. glatting.com GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART LETTER OF AGREEMENT Mr. Wally Majors Recreation & Parks Department Administration City of Boynton Beach 100 E Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6225 Facsimile (561) 742-6233 Hereinafter referred to as Client. May 13, 2004 Revised June 7, 2004 AND Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 Hereinafter referred to as Giatting Jackson. Re; City of Boynton Beach/Parks and Recreation Strategic Plan Glatting Jackson Project # 18140.0 Dear Mr. Majors, Glatting Jackson is pleased to provide this Letter of Agreement to prepare a Parks and Recreation Strategic Plan for the City of Boynton Beach. 1.0 PROJECT DESCRIPTION 1.1 The project is a Parks and Recreation Strategic Plan for the City of Boynton Beach. 1.2 Additional Professionals working on the project under contract to Glatting Jackson include: Staff Connections LLC Organizational Development 2.0 SCOPE OF SERVICES PART I - ANALYSIS OF EXISTING CONDITIONS 2.1 Project Coordination - In addition to the specific services detailed below, GlaRing Jackson shall provide services for management of the project including coordination with the City's representative, monitoring the project schedule as it relates to this scope, and timely invoicing and reporting of project progress. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Atlanta. Orlando Page I qf l O We$t Palm Beach 2.2 2.3 2.4 Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glatting Jackson will assume responsibility for thc coordination of work produced by any subconsultants to Glatting Jackson. However, thc Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others including subconsultants. All professional firms working on the project shall bear separate responsibility and liability for the work prepared by them. Review Existing Data The City will provide Glatting Jackson with all available maps and data regarding it's existing Public Realm System (parks, recreation, open spaces, neighborhoods, activity areas, streets and bikeways, schools and public buildings), as well as Recreation and Parks organization, staff, programs and services. These may include, but are not limited to the following list. Incomplete data shall be provided by the City within a reasonable time frame. Additional work needed, due to inaccurate or incomplete data, shall be considered as an Additional Service to this Agreement. 1. City of Boynton Beach Comprehensive Plan, incl. Future Land Use Map 2. City of Boynton Beach Recreation Needs Assessment 3. Interim Work Products form the City's CAPRA Certification Process 4. Current Inventory of City Parks and Recreation Facilities, Trails and Bikeways 5. Current Inventory of County/Adjacent Municipal Parks and Recreation Facilities 6. Current Inventory of School, Church and Non-Profit (Boys and Girls Club, YMCA, etc) 7. Current Inventory of Private Recreation Facilities 8. Current Inventory of Vacant/Derelict Sites 9. Railroad/Utility Corridors 10. Lakes, Wetlands and Natural Features 11. Capital Improvements Program 12. Population/Demographics Data, both current and projected 13. Recreation Program Brochures, Catalogs and Flyers 14. Department Budgets 15. Current Funding Sources (General Fund, Grants, Sales Tax, etc.) and estimated revenues 16. Current Parmerships 17. Department Staffing/Organizational Charts 18. List of Current Sports Leagues (both youth and adult), Program Levels and Schedules 19. Land Development Regulations 20. Streetscape / Urban Design Project Plans 21. Aerial photograph of the City 22. Other Relevant Studies, Data and Information Base Map The City shall prepare a base map for the project, in an ArcView file format, that shows the following: 1. Future Land Use Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of I 0 2. Existing/Proposed Roadways 3. Existing/Proposed Public (City, County, State) Parks and Recreation Facilities 4. Existing/Proposed Trails, Sidewalks, and Bikeways 5. Existing/proposed School Sites 6. Existing/proposed Church Sites 7. Existing/proposed YMCA/Boys & Girls Club Sites 8. Existing/Proposed Public Parks and Recreation Facilities in Adjacent Communities 9. Existing Private/not-for-Profit Recreation/Cultural Facilities 10. Vacant/Derelict Lands 11. Major Power-line/Utility Easements 12. Natural/Man-made features such as lakes and canals 13. Natural Open Space/Conservation Areas 2.5 Base Map Review Glatting Jackson will review the base map and provide written review comments to the City. The City shall revise the base map, in response to the review comments, and resubmit the base map to Glatting Jackson. 2.6 Site Visits/Analysis Glatting Jackson will spend one (1) day visiting the City's parks and other recreational facilities to observe existing facilities, programs, services and operations. 2.7 Interviews Glatting Jackson will conduct one (1) day of interviews with Recreation and Parks Staff, City Commissioners, City Manager, Department Heads ancL/or other key stakeholders to understand current issues related to the City's Parks and Recreation System. 2.8 Level of Service Analysis Glatting Jackson will utilize the following techniques to analyze existing Level(s) of Services (LOS) for parks and recreation facilities, based on local, state and national guidelines: · LOS - Acreage · LOS - Facilities · LOS - Access (Service Area) Part I Deliverables - As a result of the tasks outlined above, Glatting Jackson shall produce: · Existing Conditions PowerPoint Presentation PART II - Development of a Long Range Vision 2.9 Staff Workshop Glatting Jackson will plan and facilitate a one (1) day workshop with City staffto review and discuss the following: · Existing Conditions/Level of Service Analysis · SWOT (Strengths, Weaknesses, Opportunities and Threats) Exercise · Priority Community Needs Glatting Jackson Kercher A nglin Lopez Rinehart, Inc. Page 3 of I 0 2.10 2.11 2.12 2.13 Proposed Public Realm System Hierarchy and Nomenclature · Long Range Visioning Exercises · Potential Implementation Strategies, incl City Roles, Organizational Structure, Funding Strategies, etc Glatting Jackson will summarize the workshop proceedings in an updated PowerPoint Presentation. It is strongly encouraged that representatives from various City Departments participate in the Workshop, including Planning, Public Works and the City Manager's Office. The Client shall invite all workshop participants, and will make all physical arrangements for the workshop. Advisory Board/Steering Committee Workshops Glatting Jackson will plan and facilitate one (1) additional ¥2 day workshop with a Project Steering Committee and/or existing Advisory Boards to: · Review' and discuss the outcome of the Staff Workshop · Brainstorm alternative long range visions · Discuss priority needs and implementation strategies · Discuss physical arrangements for the Workshop The Client shall invite all workshop participants, and will make all physical arrangements for the workshop. Draft Conceptual Parks and Recreation System Map, Narrative and Capital Improvement Costs Based on the outcome of the workshops, Glatting Jackson will prepare a draft Conceptual Parks and Recreation System Map and Narrative describing the City's Vision, including: · Physical Resources and Facilities (including acquisition and development) · Programs · Services · Operations · Organizational Structure for its future system of parks, recreation facilities, open spaces, programs and services, including recommendations for. · Analysis of probable Capital Improvement Costs · Analysis of probable operations and maintenance costs (based on data provided by the City) Review/Consensus Meetings Glatting Jackson will attend up to two (2) meetings or workshops with City Staff, Advisory Board(s) and/or the City Commission to review and discuss the draft Conceptual Parks and Recreation System Map, narrative and cost opinion. The City shall summarize any proposed revisions by providing GlaRing Jackson with one (1) set of consolidated, written review comments. Final Map Narrative and Estimate of Capital Improvement Costs Glatting Jackson shall revise the Map and Narrative one (1) time, based on the City's comments, and provide one revised Map and Narrative for the City's approval prior to proceeding with the next phase of the project. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 of I 0 Part II - Deliverables - As a result of the tasks outlined above, Glatting Jackson shall produce: · Updated PowerPoint Presentation summarizing the Staff Workshop · Draft Conceptual Parks and Recreation System Map, Narrative and opinion of Capital Improvements Costs · Meeting Minutes · Final ConceptualParks and Recreation System Map, Narrative and opinion of Capital Improvements Costs PART III - Comprehensive Plan Element 2.14 Comprehensive Plan Element Glatting Jackson shall update the existing Recreation and Open Space Element of the City's Comprehensive Plan, based on the Conceptual Parks and Recreation System Map and Narrative and the Implementation Strategy. The update of the Element, consisting of text, maps, and other graphics, shall be prepared in compliance with Florida Statutes. Glatting Jackson shall also review the Comprehensive Plan to ensure consistency between the Recreation and Open Space Element and other elements of the Comprehensive Plan. 2.15 Comprehensive Plan Element Review Meetings Glatting Jackson shall attend up to one (1) meeting with the City to review the draft revisions to the Recreation and Open Space Element Comprehensive Plan. 2.16 Revisions GlaRing Jackson will revise the draft Element one time based upon a consolidated set of written comments from the Client. 2.17 Adoption Meetings Glatting Jackson shall attend up to three (3) meetings as relates to the adoption of the element process (Planning and Zoning Commission, City Commission Transmittal Hearing, and City Commission Adoption Hearing) and respond to any objections, recommendations, and/or comments raised as a part of the Florida Department of Community Affairs review for compliance. PART IV - ADDITIONAL SERVICES 2.18 Additional Services GlaRing Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the City, and as authorized in writing by the City Manager. Those services may include, but are not limited to the following: · Additional meetings, workshops, presentations, including HOA's and/or other groups · Analysis of impact fees Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 5 of 10 · Individual facility site plans, sketches and/or construction documents · Additional work necessary to accommodate additional revisions · Additional copies of work products · Additional work required to secure base information not provided by the City · Preparation of grant applications 3.0 PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Letter of Agreement and a retainer if required under Compensation. Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David L. Barth Principal-In-Charge/Planner 4/Project Manager 5.0 COMPENSATION 5.1 Parts I - III The fee for Parts I-IH, shall be billed as a lump sum of sixty thousand dollars ($60,000) including direct costs. 5.2 Part IV - The fee for Part IV, Additional Services, shall be billed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. Additional meetings are estimated at approximately twelve hundred dollars ($1,200) per meeting. 5.3 Hourly Rate Schedule Principal 5 $250 Transportation Planner 1 $75 Principal 4 $225 Ecologist 4 $130 Principal 3 $215 Ecologist 3 $110 Principal 2 $190 Ecologist 2 $95 Principal 1 $165 Ecologist 1 $75 Planner 6 $200 Landscape Architect 5 $165 Planner 5 $165 Landscape Architect 4 $130 Planner 4 $130 Landscape Architect 3 $110 Planner 3 $110 Landscape Architect 2 $95 Planner 2 $95 Landscape Architect 1 $75 Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6 qf I 0 5.5 5.6 5.7 5.8 Planner 1 $75 Landscape Designer 3 $90 Transportation Engineer 6 $200 Landscape Designer 2 $80 Transportation Engineer 5 $165 Landscape Designer 1 $70 Transportation Engineer 4 $130 Public Relations 2 $95 Transportation Engineer 3 $110 Public Relations 1 $75 Transportation Engineer 2 $95 GIS Specialist 2 $95 Transportation Engineer 1 $75 GIS Specialist 1 $75 Transportation Planner 6 $200 Graphic Artist 3 $95 Transportation Planner 5 $165 Graphic Artist 2 $85 Transportation Planner 4 $130 Graphic Artist 1 $75 Transportation Planner 3 $110 Administrative Assistant $55 Transportation Planner 2 $95 Technician $50 Annual Increase In Hourly Rates - The hourly rates contained in this Agreement shall be effective for not less than one (1) year from the date of this Agreement. Glatting Jackson may, upon notification to the Client, and upon Client's written consent, increase hourly billing rates thereafter. Rates will not be increased more often than once a year. Application Fees- All application, filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agency at the required time. Subconsultant Fees- Fees for subconsultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above. Glatting Jackson bears no liability for the technical accuracy of work prepared by others including subconsultants to Glatting Jackson. Part I-III Staff Connections $12,000 Retainer - No retainer will be required. 6.0 6.1 6.2 CLIENT RESPONSIBILITIES Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity from the Client as shown in Article 1) and any separate consultants. Client shall provide full information to Glatting Jackson regarding project requirements Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 7 of 10 and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. 6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. 7.0 SUPPLEMENTAL TERMS OF AGREEMENT 7.1 Acceptance of Agreement - This Letter of Agreement shall be valid for Client acceptance for a period of fifteen (15) days from the date of execution by Glatting Jackson. This Letter of Agreement may be terminated by either party with fifteen (15) days written notice. In the event of termination, Glatting Jackson shall be compensated through the date of termination for all fees and direct expenses incurred. 7.2 Submittal and Payment of Invoices - Invoices for services shall be submitted on approximately a monthly basis. Payment shall be due upon receipt. The Client agrees to pay interest of 1.5% per month to be calculated from the next day after receipt of each invoice, on invoice balances outstanding more than thirty (30) days. Glatting Jackson reserves the right to withhold work products or to stop work until payment is received. The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. The Client agrees that Glatting Jackson shall not be required to provide detailed backup, in the form of hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. If backup is required by the Client, the Client agrees to pay Glatting Jackson, on an hourly basis, for the cost of providing such additional information. 7.3 Action of Agencies Not Guaranteed - Glatting Jackson will exercise professional skill in executing its services, however, it cannot and does not guarantee the action of any governmental official, agency or judicial proceeding. 7.4 Ownership of Property / Construction Lien - In the event that the Client is not the record owner of the property covered by this Agreement, Glatting Jackson may consider the Client's signature as evidence that the Client has the Owner's permission and consent to enter into this Agreement. It shall be the Client's responsibility to inform Glatting Jackson of any change in ownership or change in any other circumstance that may affect Glatting Jackson's ability to place a Construction Lien on the property if payment is not received according to the terms of this Agreement. The Client hereby acknowledges and agrees that Glatting Jackson's services are professional services that shall be performed in the practice of Glatting Jackson's profession as a planner, ecologist, architect, Glatting ~Iackson Kercher A nglin Lopez Rinehart, Inc. Page 8 of 10 landscape architect, engineer or other professional in connection with the specific parcel or parcels of real property referred to in this Agreement. 7.5 Ownership of Documents - All documents, work product and information contained therein prepared by Glatting Jackson or its Subconsultants are instruments of service for use by the Client solely with respect to this Project. GlaRing Jackson shall be deemed the author of these documents, work product and information and shall retain all rights thereto. 7.6 Retention of Records - All original documents, work product and information contained therein shall be retained by Glatting Jackson for two (2) years following completion of the Project. After that time, Glatting Jackson reserves the right to dispose of the documents, work product and information in its sole discretion. The Client shall be provided with reproducible copies of all original documents. 7.7 Limitation of Liability - Glatting Jackson will not be responsible for any circumstances, acts, errors, omissions or events, of any type, beyond its reasonable control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated with the Project. Glatting Jackson shall not be responsible for the acts or omissions of any contractor, Subconsultant or supplier, or of any of the agents or employees or any other persons (except Glatting Jackson's own employees) at the project site or otherwise furnishing or performing any of their work; or for any decision made on interpretations or clarifications of any contract documents given by the Client without consultation and advice of Glatting Jackson. 7.8 Assignment of Agreement - Neither the Client nor Glatting Jackson shall have any fight to assign this Letter of Agreement to any other person or entity, absent prior written consent from the other party. 7.9 Dispute Resolution - In the unlikely event of any dispute, difference, claim or counterclaim between Glatting Jackson and the Client arising out of or in connection with this Letter of Agreement, which cannot be amicably resolved by the parties through good faith negotiations, any such matter shall be submitted to the Circuit court in and for Palm Beach County, Florida, for thai and determination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the ser~4ce of process outside the State of Flofida (if applicable) pursuant to the requirements of such court in any matter so to be submitted to it. In the event of litigation, each party shall bear its own attorney's fees and costs. 7.10 Entire Agreement / Governing Law - Regarding the subject matter hereof, this Agreement contains the entire agreement of the parties and their representatives and agents, and supersedes all prior understandings, whether oral or written. This Agreement shall be governed by the laws of the State of Florida. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 9 oflO We look forward to working with you on this project. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. Sincerely, David L. Barth Principal AGREED TO AND ACCEPTED BY: City of Boynton Beach Kurt Bressner Its: City Manager Its: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. David L. Barth Vice President Date: ~ -~ ~ -- 0~ Date: June 10, 2004 CITY A'FFO P, N E'¥ Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 10 of l O