Exh 8EAGENDA ITEM #8E
MAY 9, 2005
CITY OF ATLANTIC BEACH
~~ CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Approval of Agreement with Winter and Company for Development of
Community Character Strategy
' SUBMITTED BY: Jim Hanson, Cit Man•
DATE: May 3, 2005
BACKGROUND: The Mayor and Commission have determined that developing a
strategy to protect and enhance the community character of Atlantic
' ' Beach will continue to be one of the top strategic priorities for the
. upcoming year. The Commission particularly focused on the need to
get broad based community input in determining what specific actions
' would be taken. It was agreed to be the best approach to accomplish
.. this strategic goal would be in using Winter and Company to facilitate
community meetings and define alternatives. Staff has negotiated
with Winter and Company to arrive at an agreement, scope of services
• ~ and price for this project which includes working with several focus
groups to represent specific interests, conducting a couple of
community wide workshops and several meetings with City staff and
- the City Commission. Winter and Company will also provide a
considerable amount of support to the staff in drafting specific
language to accomplish the steps determined by the Mayor and
Commission to be the most desirable.
The work to be completed by Winter and Company will be done in
two phases. Each will begin with a considerable amount of
preparation in their Colorado offices to be followed by multi-day
meetings in Atlantic Beach. The first series of these meetings has
' been set for June 13'ti' through June 17`x. The dates for the second
visit to Atlantic Beach is proposed for August and city staff is
currently checking schedules.
The total cost for services from Winter and Company under this
agreement will be $55,075.
BUDGET: There is a budget modification ordinance being considered for a second
reading at the commission meeting on May 9'h that will appropriate $51,075
' to this project. The remaining $4,000 is available from existing funds in the
. Community Development Department.
RECOMMENDATION: Authorize the City Manager to sign the agreement with Winter and
Company for services described above in an amount of $55,075.
ATTACHMENT: Agreement with Winter and Company
AGENDA ITEM #8E
MAY 9, 2005
. AN AGREEMENT BY AND BETWEEN THE
CITY OF ATLANTIC BEACH
AND WINTER & COMPANY
1.0 PARTIES
The parties to this Agreement are the City of Atlantic Beach, hereinafter referred to as the "City,"
and Winter & Company, hereinafter referred to as the "Consultant."
2.0 RECITALS AND PURPOSE
2.1 The City desires to engage the Consultant to assist in developing a strategy for design in
' older residential neighborhoods in Atlantic Beach. This project focuses on the older, smaller lots,
found between the beach and Seminole Street and Ahern and 11th Street, but will also provide
recommendations for potential zoning amendments that could apply to other parts of the city with
similar small lots.
' 2.2 The Consultant represents it has the special expertise and background necessary to provide
. the City with the services.
3.0 SCOPE OF SERVICES
The Consultant agrees to provide the City with Che specific professional services as set forth in the
Consultant's scope of services attached hereto as Exhibit A. Exhibit A shall be subject to this Agree-
mentand in the event of any conflict between the Exhibit and this Agreement, the Agreement shall
prevail.
4.0 COMPENSATION
4.1 The City shall pay the Consultant for services under this agreement a total contract amount
' of $ 55,075.00. Such fee shall be inclusive of all costs of whatsoever nature associated with
the Consultant's efforts, including but not limited to salaries, benefits, overhead, administration,
profits, and outside consultant fees as set forth in Exhibit B. Consultant shall be reimbursed for
expenses incurred in connection with the services as outlined in Exhibit B. The scope of services and
payment for the services and expenses shall only be changed by a properly authorized amendment
to this Agreement. No City employee has the authority to bind the City with regard to any payment
for any services which exceeds the amount payable under the terms of this Agreement.
4.2 The Consultant shall submit a detailed invoice to the City indicating the services performed
and expenditures incurred for the specified time period. The City shall pay the invoice within thirty
(30) days of receipt provided such amounts are not in dispute or the subject of disputes. Payments
made after thirty (30) days may be assessed an interest charge of one percent (1%) per month unless
the delay in payment resulted from unsatisfactory work or documentation therefor.
5.0 PROJECT REPRESENTATION
5.1 The City designates Sonya Doerr and Jim Hanson as the responsible City staff members to
provide direction to the Consultant during the conduct of the project. The Consultant shall comply
with the directions given by Sonya Doerr and Jim Hanson.
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AGENDA ITEM #8E
MAY 9, 2005
5.2 The Consultant designates Nore Winter as the Principal in Charge. The City may rely upon
the guidance, opinions, and recommendations provided by the Consultant and its representatives.
' 6.0 TERM
6.1 The Consultant's services under this Agreement shall commence upon execution of this
Agreement by the City and the consultant and shall be completed within six months.
7.0 INSURANCE
7.1 The Consultant shall procure and maintain the minimum insurance coverages listed below. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other obliga-
tions assumed by the Consultant pursuant to this Agreement. In the case of any claims-made policy,
the necessary retroactive dates and extended reporting periods shall be procured by the Consultant
to maintain such continuous coverage.
7.1.1 Evidence of Workers' Compensation insurance or qualified self-insured status shall
be provided.
7.1.2 General Liability insurance with bodily injury and property damage each occurrence
ONE MILLION DOLLARS ($1,000,000) and general aggregate TWO MILLION DOLLARS
($2,000,000).
7.1.3 Comprehensive Automobile Liability insurance with maximum combined single
limits for bodily injury and property damage of not more than ONE MILLION DOLLARS
($1,000,000) in any one occurrence with respect to each of Consultant's owned, hired or non-owned
• vehicles assigned to or used in performance of the services.
8.0 INDEMNIFICATION
The Consultant agrees to indemnify and hold harmless the City, and its officers and its employees,
from and against liability, claims, demands, and expenses, including court costs and reasonable
attorney fees, on account of any injury, loss, or damage, which arise out of or are in any manner
connected with the services to be performed by Consultant, its officers and employees, under this
. contract. The obligations of this Section 8 shall not extend to any injury, loss, or damage which is
caused solely by the act, omission, or other fault of the City.
9.0 QUALITY OF WORK
Consultant's professional services shall be in accordance with the prevailing standard of practice
normally exercised in the performance of professional services of a similar nature in the nation.
10.0 WORK PRODUCT
Consultant will use various applications to produce the design development standards, including
InDesign, Archicad and Illustrator, and will provide the City with one reproducible single-sided
hard copy and an electronic pdf copy of the document.
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AGENDA ITEM #8E
MAY 9, 2005
11.0 INDEPENDENT CONSULTANT
• - Consultant and any persons employed by Consultant for the performance of work hereunder shall
be independent contractors and not agents of the City. Any provisions in this Agreement that may
' ' appear to give the City the right to direct Consultant as to details of doing work or to exercise a
• . measure of control over the work mean that Consultant shall follow the direction of the City as to
end results of the work only. As an independent contractor, Consultant, its officers and employees,
• are not entitled to workers' compensation benefits except as maybe provided by the Consultant nor
to unemployment insurance benefits unless unemployment compensation coverage is provided by
the independent contractor or some other entity. The Consultant is obligated to pay all federal and
. state income tax on any monies earned or paid pursuant to this contract relationship.
12.0 ASSIGNMENT
Neither the Consultant nor the City shall assign transfer or delegate its interest in the Agreement or
.. any portion thereof, or any monies due to or become due hereunder without the prior written
consent of the other. '
• ~ 13.0 DEFAULT
• Each and every term and condition hereof shall be deemed to be a material element of this Agree-
ment. Inthe event either party should fail or refuse to perform according to the terms of this Agree-
' ment, such party may be declared in default.
• ~ 14.0 TERMINATION
14.1 This Agreement maybe terminated by either party for material breach or default of this
Agreement by the other party not caused by any action or omission of the other party by giving the
,.. ~ other party written notice at least fifteen (15) days in advance of the termination date. Termination
pursuant to this subsection shall not prevent either party from exercising any other legal remedies
which may be available to it.
14.2 In addition to the foregoing, this Agreement may be terminated by the City for its conve-
. nience and without cause of any nature by giving written notice at leasE seven (7) days in advance
of the termination date. In the event of such termination, the Consultant will be paid for the reason-
' ' able value of the services rendered to the date of termination, not to exceed the total amount set
• forth in Section 4.0 of this Agreement, and upon such payment, all obligations of the City to the
Consultant under this Agreement will cease. Termination pursuant to this Subsection shall not
prevent either party from exercising any other legal remedies which may be available to it.
15.0 INSPECTION
The City and its duly authorized representatives shall have access to any books, documents, papers,
and records of the Consultant that are related to this Agreement for the purpose of making audit,
examination, excerpts, and transcriptions.
16.0 ENFORCEMENT
16.1 This Agreement shall be governed by Florida law.
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AGENDA ITEM #8E
MAY 9, 2005
16.2 In the event that suit is brought upon this Agreement to enforce its terms, the prevailing
party shall be entitled to its reasonable attorneys' fees and related court costs.
17.0 COMPLIANCE WITH LAW5
Consultant shall be solely responsible for compliance with all applicable federal, state, and local
laws, including the ordinances, resolutions, rules, and regulations of Atlantic Beach for payment of
all applicable taxes; and obtaining and keeping in force all applicable permits and approvals.
18.0 INTEGRATION AND AMENDMENT
This Agreement represents the entire Agreement between the parties and there are no oral or
,collateral agreements or understandings. This Agreement may be amended only by an instrument
in writing signed by the parties.
DATED : .2005.
CITY OF ATLANTIC BEACH
800 Seminole Road
City of Atlantic Beach, FL 32233
By:
CONSULTANT
WINTER & COMPANY
1265 Yellow Pine Avenue
Boulder, CO 80304
(303) 440-8445
• /f~f' '~
By.
Nore Winter, President
Page 4
AGENDA ITEM #8F
Scope Pag ~1' 9, 2005
• Exhibit A - Scope of Services
Atlantic Beach, Florida
Residential Design Strategies Services
Apri128, 2005
This scope of services is to assist the community in developing a strategy for design in
older residential neighborhoods in Atlantic Beach. This project focuses on the older,
smaller lots, found between the beach and Seminole Street and Ahern and 11`h Street, but
... will also provide recommendations for potential zoning amendments that could apply to
other parts of the city with similar small lots.
The scope of services has these components:
Part One -Refine Character Management Strategy
.. In this phase, the consultant will work with the city to build on an earlier workshop, as
well as staff analysis, to craft an overall strategy for managing character. The focus will
be an on-site work session that includes focus groups and a public workshop.
Part Two -Produce Draft Development Standards
In this phase, the consultant will develop two iterations of potential regulations that build
- on the findings in Part One. These materials will then be transferred to staff for
subsequent revisions, editing and formatting.
The specific services will be as follows:
Part One
In this part of the services, Winter & Company will organize and conduct athree-day on-
site charrette, which will include a series of focus group meetings and a public workshop,
to review traditional design features.
Part lA: Advance Analysis & Workshop Preparation
The Consultant will produce a summary strategy that defines how all of the potential
code amendments and guidelines would work together and outlines the objectives for
each. In order to help participants understand the issues and establish priorities, the
Consultant will produce computer models of one block with traditional development
" characteristics. The Consultant also will produce an image of the maximum development
permitted under existing regulations. Variables illustrated will be: building height,
setbacks, floor area ratio, impervious coverage, trees and parking. These materials that
document the existing conditions will be presented in a public workshop, described in
Part 1 B.
Tasks:
(1) Review existing regulations and policy papers.
Winter & Company
AGENDA ITEM #8E
Scope P ~1' 9, 2005
(2) Develop a matrix summarizing existing regulations.
(3) Develop a computer model of one sample block, illustrating traditional design
conditions.
(4) Develop a computer model of one block, illustrating potential development under
existing regulations.
(5) Prepare workshop materials:
- One-page summary of the project scope and schedule
-Agendas for focus groups
-Hands-on exercise sheets for three different neighborhood contexts
- Powerpoint show introducing the project and design variables
Part 1B:
In this step the Consultant will work on site with the community to identify a mass and
' ' scale prototype for the study area that would be considered appropriate. To do so, the
.. consultant will generate models of three alternative approaches to development standards
within the study block. Potential standards will include mass and scale, height, lot
' ' coverage, parking and trees. They will also conduct an on-site workshop early in the
week with the community to establish issues and a direction. The consultant also will
conduct a series of four selected focus groups. This work will span three days on site. At
the end of the third day, the Consultant will conduct an open house to present the
. findings.
Tasks:
• ~ Day One (Tuesday, June 14):
(1) Conduct orientation session with staff
(2} Conduct tour of sample neighborhoods
• (3) Conduct two focus group meetings
(4) Conduct community start-up workshop
• Day Two (Wednesday, June 15):
(5) Conduct two focus group meetings
(6} Generate alternative code scenarios, including modeling
• • (7} Develop overall strategy
(8) Prepare outline report
(9} Conduct study session with the City Commission
Day Three (Thursday, June 16):
(9) Conduct briefing session with staff
' ' (10) Refine draft strategy report
.. (11) Conduct public open house
Part Two
In this part, the Consultant will develop two drafts of the recommended design standards
related to mass and scale. The standards will be presented in a chart form, with an
• accompanying explanatory memo. (That is, in a "planning" format, not a final code
Winter & Company
AGENDA ITEM #8E
Scope Pa MAY 9, 2005
,language form). The Consultant also will produce a computer image of what those
standards would yield. The Consultant will present this in a public workshop (trip #2),
and make minor adjustments to the tables on site, based on public comment. Some
supplementary focus group meetings also would occur, to review the proposals with key
interest groups. Staffwould then take this information and work with the community to
refine the standards and then convert the information into code language.
' ' Part Two A: Produce draft; regulations
In this part, the Consultant will produce a first draft of the standards and then review
these with community representatives in a conference call. Following that meeting, the
' Consultant will produce a second draft of the standards, and prepare for a second
workshop, which is described in Part Two A.
' ' Tasks:
.. (1) Develop draft 1 of the standards.
(2) Review draft with client in a conference call.
' ' (3) Develop draft 2 of the standards.
.. (4) Prepare workshop materials:
-Agendas for focus groups
- Powerpoint show presenting recommendations
Part Two B: Present Second Draft
In this part, the Consultant will present the draft of the recommended standards. Some
adjustments will be made on site and then the product will be delivered to the client for
final revisions and formatting.
. , Tasks:
Day One:
(I) Conduct orientation session with staff
(2) Conduct two focus group meetings
(3) Conduct work session with City Commission
' ~ Day Two:
(4) Conduct strategy session with staff
(5) Execute minor changes on site, based on comments
(6) Conduct final public presentation
Winter & Company
AGENDA ITEM #8E
Exhibit B Winter Company MAY 9 2005
' Atlantic Beach, Florida Character Management System 18-Apr-05 (Revised 4/29/
PART'ONE -REFINE CHARACTER MANAGEMENT STRATEGY
• PART 1A: Advance Analysis & Workshop Preparation
• Review existing regulations and policy papers
' Evaluate regulations and develop matrix of exi sting regulations
Define model block context '
Develop model of existing conditions
Produce models of permitted development under existing regulations
Prepare materials far public workshop #1
Personnel Rate Hours Amount Subtotal
N. Winter $155 30 $4,650
' ' H. Gregg $110 24 $2,640
J. Husband $100 16 $1,600
K.Good $80 40 $3,200
• B. Shears $50 12 $600
L. Einsweiler (prelimn review & confer $135 4 $540
$13,230
• PART 1 B: On-site Work Sessions & Report (Trip 1 Activities)
Tour Project Neighborhoods
Conduct focus group meetings
Conduct public workshop #1
• Develop models of alternative infill scenarios for model block
Develop outline of mass/scale revisions based on modeling
Prepare strategy paper
• Deliver working draft of paper to city
Personnel Rate Nours Amount Subtotal
. N. Winter $155 40 $6,200
H. Gregg $110 0 $0
' J. Husband $100 0 $0
K.Good $80 40 $3,200
B. Shears $50 0 $0
L. Einsweiler (prelimn review & confer $135 8 $1,080
$10,480
Reimbursable Expences -Part 1
Unit Cost Quantity Amount Subtotal
• Airfare $500 2 $1,000 •
Ground Transportation $150 1 $150
Car Rental $70 5 $350
• Accommodations $150 8 $1,200
Meals $50 8 $400
' Photography $150 1 $150
• Reproduction $150 1 $150
Plotting $50 4 $200
• Workshop Materials $50 1 $50
Shipping $25 1 $25
• Total Part 1 Expenses: $3,675
Total fees 8~ expenses, Part 1 $27,385
TOTAL COST -PART 1 ONLY 527,385
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Exhibit B Winter Company
PART TWO -Produce Draft Development Standards
PART 2A: Production - In-house
Develop revised computer models
Produce Draft #1 of Development Standards
Review comments on Draft #1 (conference cal l)
Produce draft #2 of development standards
(City staff may convert to ordinance form at thi s stage.)
Personnel Rate Hours Amount Subtotal
N. Winter $155 40 $6,200
H. Gregg $110 20 $2,200
J. Husband $100 20 $2,000
K.Good $80 40 $3,200
B. Shears $50 20 $1,000
L. Einsweiler/Duncan Associates $135 8 $1,080
Total Fees Part 2A $15,680
PART 2B: Community participatio n S~ Workshop #2 (Trip 2)
Conduct focus group session on Draft 1 of development standards
Conduct work session with City Cou ncil on dra ft 1.of development standards
Conduct community work session on draft 1 of development standards
Personnel Rate Hours Amount Subtotal
N. Winter $155 40 $5,200
H. Gregg $110 0 $0
J. Husband $100 0 $0
K.Gaod $80 40 $3,200
B. Shears $50 0 $0
L. Einsweiler/Duncan Associates $135 0 $0
Total Fees Part 2B $9,400
REIMBURSABLE EXPENSES -PA RT 2
TRAVEL
Unit Cost QuantityAmountSubtotal
Airfare $500 2 $1,000
Ground Transportation $150 1 $150
Car Rental $70 3 $210
Accommodations $150 4 $600
Meals $50 4 $200
Photography $100 1 ~ $100
Reproduction $100 1 $100
Plotting $50 4 $200
Workshop Materials $25 1 $25
Shipping $25 1 $25
Total Part 2 Expenses: $2,610
TOTAL COST -PART 2 $27,690
TOTAL COST -Parts 1 ~ 2
$55,075
AGENDA ITEM #8E
MAY 9, 2005
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