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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