Item 8AAGENDA ITEM # 8A
JANUARY 28, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request to authorize the City Manager to execute an agreement for services
with the Northeast Florida Regional Council to assist in the preparation of the Evaluation and
Appraisal Report (EAR) on the City's Comprehensive Plan and the EAR-based amendments to the
Comprehensive Plan as required by Chapter 163, Florida Statutes and to provide other technical
planning related assistance as may be needed.
SUBMITTED BY: Sonya Doerr, AICP ,~~
Community Development Director
DATE: January 16, 2008
BACKGROUND: Growth Management law (Chapter 163.3191, Florida Statutes) requires the
periodic review of local government Comprehensive Plans, and the Department of Community Affairs
(DCA) establishes a schedule for this process for all Florida cities and counties. The City's EAR will be
due in October of this year. Once the EAR is found by DCA to be "sufficient" the City will begin the
"EAR-based amendment" process to make any needed changes to the Comprehensive Plan as identified
through the EAR process or as may be required to be consistent with changes to Growth Management Law.
The requirements for both the EAR and the subsequent amendments are well established within state law
and the Florida Administrative Code. The City's Comprehensive Plan is current and In Compliance, and it
is not anticipated that major changes will be needed. Nonetheless, this is an important process that should
not be viewed as just as one more regulatory requirement, but rather as an opportunity to evaluate the
effectiveness of the Plan and to make revisions or add policies that address locally important issues.
Staff can prepare certain portions of the EAR in-house, but assistance will be needed to address several
more technical issues, including environmental, wetland, traffic and transportation data and analysis. The
City contracted with the Northeast Florida Regional Council when we last went though this process. The
NEFRC has the needed staff with appropriate technical expertise and very effectively assisted Staff with
this process in 2003. The NEFRC will also help to facilitate the public participation process, and the
Community Development Board and the City Commission will be involved. in this process as it develops.
Please note that the attached agreement also provides for other planning related services as may be needed.
Staff typically needs the services of the NEFRC several times a year, and this agreement will be inclusive of
any such needs. As examples, last year the NEFRC transportation staff reviewed the traffic study submitted
by the Selva Marina Country Club applicants for the City, and all of the population and demographic data
and maps used for the re-districting process were prepared by the NEFRC.
BUDGET: The current budget (Professional Services Account 001-1005-515-31.00) contains
$30,000 for this project, although in discussing a broad work scope with NEFRC staff, we believe
that we can complete both the EAR and EAR amendments for considerably less than the budgeted
amount. Staff will advise the City Manager as funds are expended.
RECOMMENDATION: Staff requests that the City Commission authorize the City Manager to
execute a Professional Services Agreement with the Northeast Florida Regional Council in an
amount not to exceed $30,000 for assistance with Evaluation and Appraisal Report (EAR) on the
City's Comprehensive Plan, the subsequent EAR-based amendments and other related technical
assistance as may be needed.
ATTACHMENTS: Proposed standard agreement.
REVIEWED BY CITY MANAGER:
~..-
January 28, 2008 regular meeting
AGENDA ITEM # 8A
JANUARY 28, 2008
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF ATLANTIC BEACH, FLORIDA,
AND THE NORTHEAST FLORIDA REGIONAL COUNCIL
FOR TECHNICAL PLANNING ASSISTANCE
Whereas the Regional Planning Councils are authorized and established pursuant to Chapter 163,
Florida Statutes, to perform certain duties and to furnish technical and administrative assistance to
local governments, this Agreement between the City of Atlantic Beach (City) and the Northeast
Florida Regional Council (NEFRC) authorizes the NEFRC to provide technical assistance to the
City for various Planning services and functions, including but not limited to, the Evaluation and
Appraisal Report on the Comprehensive Plan, subsequent amendments to the Comprehensive Plan
and other technical and regulatory planning services.
The NEFRC shall provide professional planning staff to assist the City in planning functions as
requested by the City. The NEFRC staff assistance may include, but is not limited to: review of
zoning applications; transportation and concurrency review; review and/or preparation of
Comprehensive Plan amendments; planning studies; provision of data an analysis; and assistance
with developing the Evaluation and Appraisal Report (EAR) and the subsequent EAR-based
Comprehensive Plan Amendments.
NEFRC staff will be available to attend and facilitate off-site meetings, night meetings and public
hearings as requested by the City.
The NEFRC will provide both paper and digital copies of all documents and maps created for the
City in a form acceptable to the City.
All requests for planning services under this Contract shall be in writing from the Community
Development Director, the City Manager or appropriate designee. Prior to performing tasks or
project specific planning services, a written scope of work shall be prepared in coordination with
both parties and shall include instruction from the City to begin the specified Planning services; an
estimate of completion time and staff hours from the NEFRC; an estimate of total costs and an
agreement of the deliverables.
The City shall provide NEFRC staff with data, resources, or other necessary background
information that is maintained by the City as may be required to complete the work requested.
1. Term
The NEFRC shall be available for planning services immediately upon execution of this Contract.
The Contract shall extend to September 30, 2008. Unless terminated by either party in accordance
with other provisions of this Contract, the Contract shall automatically renew on October 1st of
every year hereafter. On or before August 30th of each year, the NEFRC will provide to the City
an amended "Compensation for Professional Consulting Services", attached hereto as Attachment
`A', identifying the rate structure for the following contract period.
AGENDA ITEM # 8A
JANUARY 28, 2008
2. Schedule of Payments
The NEFRC shall invoice the City on a monthly basis, or upon completion of specific task and
project deliverables. The City will reimburse the NEFRC upon receipt of each invoice.
3. Records
The NEFRC shall maintain all books, documents, paper, accounting records and other evidence
pertaining to costs incurred under this Contract and shall make such materials available at all
reasonable times during this Contract, and for three (3) years from the date this Contract is
terminated for inspection and/or audit by the City.
4. Controlling Law
The laws of the State of Florida govern this Contract.
5. Termination and/or Modification
Either party may propose modifications to this Contract. All mutually agreed upon modifications
shall be in writing and incorporated into this Contract by amendment.
Either party may terminate this Contract upon thirty (30) days written notice. If either party
terminates this Contract, the City shall pay the NEFRC for services performed up to the
termination date.
If either party terminates this Contract before completion of work contemplated by this Contract,
the NEFRC may complete work items necessary to place the NEFRC file in order and necessary to
protect its professional reputation.
The NEFRC may charge a termination fee, not to exceed thirty (30) percent of all charges incurred
up to the termination date. All documents, data, correspondence, reports and maps prepared by
NEFRC staff under this Contract, whether finished or unfinished, shall be given to the City.
6. Signatures and Date
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
Brian D. Teeple, Chief Executive Officer Date
Northeast Florida Regional Council
Jim Hanson, City Manager
City of Atlantic Beach
Date
AGENDA ITEM # 8A
JANUARY 28, 2008
ATTACHMENT A
COMPENSATION FOR PROFESSIONAL CONSULTING SERVICES
CITY OF ATLANTIC BEACH 2007 - 2008
The following is the agreed upon rate and fee structure for professional Planning services, which
are more fully outlined in the Contract for Services.
Hourly Rates
Regional Planner ........................ $65 /hour
GIS Planner .............................. $65 /hour
Travel Rate Per Mile ...........................$0.445
Materials (ink, paper, binders, etc.).........At cost to NEFRC