Exh 8BAGENDA ITEM 8B
JiJLY 14, 2003
AGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
Request to approve a Professional
Services Agreement with the
Council to prepare the
based amendments to the
SUBMITTED BY:
DATE:
Northeast Florida Regional Planning
Evaluation and Appraisal Report (EAR)
adopted Comprehensive Plan.
Sonya Doerr, AICP
Community Development Director
June 30; 2003
BACKGROUND: With the adoption of the revised EAR, and subsequent approval by the
Department of Community Affairs, the City now has I8 months to prepae and adopt required
and needed revisions to the Comprehensive Plan. Staff proposes to contract with the Northeast
Florida Regional Planning Council (RPC) to assist with this effort, particulazly with the more
technical issues, which require substantial data collection and analysis of various changes .within
the City since the original Comprehensive Plan was prepared in 1990,. The RPC staff is uniquely
able to provide such technical assistance to local governments, and the agency collects and
maintains much of the information that will be required for the EAR-based amendments.
The RPC has proposed to perform the work identified within Attachment A for a fee not to
exceed $14,500. Funds were budgeted in this Fiscal Year in anticipation of this work. (Florida
Statutes provide exemptions from the bid process for intergovernmental contracting. Chapter
186.505 (5) and (19), F.S. specifically addresses the Regional Planning Council's ability to enter
into contracts with local governments to perform such services, and Chapter 287.057 (3) (f) (13),
provides an exclusion from competitive procurement for services provided by government
agencies.) It is Staffs opinion that the proposed: fee is very competitive particularly in
comparison for similar services provided by private consulting firms.
RECOMMENDATION: Approve a Professional Services. Agreement with the Northeast
Florida Regional Planning Council to assist in the prepazation of the Evaluation and Appraisal
:Report .(EAR) based amendments to the adopted Comprehensive Plan as set forth within the
attached agreement and Scope of Services.
BUDGET: $14,500 for Professional Services, Account No. 001-1005-515.31-00
ATTACHMENTS: Proposed .Professional Services Agreement, Attachment A, .Scope of
Services, and sufficiency letter from I)CA.
REVIEWED BY CITY MANAGER:
July 14, 2003 regular meeting
AGENDA ITEM 8B
JULY 14, 2003
PROFESSIONAL SERVICES AGREEMENT.
This Agreement, made and mutually entered into this .day of July 2003, by and
between the City of Atlantic Beach (COAB) and the Northeast Florida Regional
Planning Council (NEFRPC) shall be for the Professional Services described within
Attachment A to this Agreement.
PROJECT TITLE: Evaluation and Appraisal Report (EAR) based amendments to
the adopted Comprehensive Plan for the City of Atlantic Beach, Florida
1. DESCRIPTION AND TYPE OF PROFESSIONAL SERVICES TO BE
PROVIDED BY NORTHEAST FLORIDA REGIONAL PLANNING
COUNCIL (NEFRPC)
See Attachment A: Scope of Services.
2. FEE FOR SERVICES. The compensation to be paid to the Northeast
Florida Regional Planning Council for providing the Professional Services in
accordance with the terms as set forth within this Agreement. shall be a fee of
fourteen thousand and five hundred dollars ($14,500.00.)
3. GENERAL CONDITIONS.
a. PAYMENT OF INVOICES -The NEFRPC shall provide to the COAB
invoices on a monthly Basis for work performed during the preceding
month. Upon receipt of complete invoice, accompanied by any supporting
documentation, payment shall be remitted to the NEFRPC within fifteen
(15) days after receipt of invoice.
b. FEE SCHEDULE - Tn the event that the Work a§ set forth within this
Agreement is not executed by the NEFRPC in accordance with the time
period as established within Attachment A, the compensation quoted
within this Agreement shall be subject to renegotiation.
o. TERMINATION -The obligation to provide further services under this
.Agreement may be termnated by either party upon seven ('n days written
notice, in the event of substantial failure by the other party to perform in
accordance with the teens herein through no fault of the terminating party.
In the event this Agreement is terminated prior to nompletion, the
NEFRPC shall be entitled to payment for satisfactory services performed
as of the date of termination, and all documents, maps, data and analysis
shall be delivered to the COAB.
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AGENDA ITEM 8B
J[JLY 14, 2003
d. ADDITIONAL SERVICES -Any changes to the attached Scope of
Services and any additional work to be performed, which may result in an
increase to the compensation for Work described herein shall be duly
authorized by the COAB.
e. LIABILITY -The NEFRPC agrees to indemnify the COAB from any
and all liability, loss or damage the COAB may suffer as a result of claims,
demands, costs or judgments against the NEFRPC arising out of the work
undertaken pursuant to this Agreement should the liability, loss or damage
be caused by or arise out of negligence of the NEFRPC or it's officers,
agents, employees or otherwise..
i. This Agreement is offered with the understanding of the relevant
regulations of the City of Atlantic Beach, the State of Florida, and
the United States as ofthe date of the signature by an authorized
representative of the NEFRPC of this Agreement. Regulations,
which become effective after the signature date of this Agreement,
may affect the Scope of Services contained herein. Both parties
shall have full rights to renegotiate to reflect the effect of new
regulations on the relevant provisions of this Agreement.
ii. Except as expressly provided herein, neither the NEFRPC or the
COAB shall be liable to the other for any economic damages
caused by termination of or failure to perform under Phis
Agreement, whether such economic damages are. based upon delay
in completion of the project or other commitments made in
anticipation of the services to be performed by .the NEFRPC,
hereunder,. or in reliance upon this Agreement or any other
compensation or economic damages of any ,nature except for
services actually performed and costs and commitments actually
incurred by NEFRPC under this Agreement prior to the effective
date of termination.
iii. Claims, disputes or other matters in question between the parties to
this Agreement arising out of or relating to this Agreement or
breach thereof shall be resolved through mediation.
f. AUTHORIZATIONS -The signature below authorizes the work herein
described, and does so on behalf of the duly authorized representative of
the City of Atlantic Beach, Florida, which shall be the City Manager, and
warrants that the City Manager has authority to enter into this Agreement
on behalf of the City of Atlantic Beach, Florida.
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AGENDA ITEM 8B
JULY 14, 2003
The signature below, on behalf of the Northeast Florida Regional Planning
Council, authorizes the work herein described, and warrants that said
signatory has authority to sign this Agreement on behalf of the Northeast
Florida Regional Plaruling Council
IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above
written subject to the terms and conditions stated and the general conditions
attached hereto. Attachment A: Scope of Services, is made part of this Agreement.
On behalf of the Citv of Atlantic Beach. Florida
NAME:
Jim Hanson, City Manager
DATE:
On behalf of the Northeast Florida Regional Planning Council
NAME:
DATE: ,
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AGENDA ITEM 8B
JULY 14, 2003
ATTACHMENT A
SCOPE OF SERVLCES
L OBJECTIVE AND_PROJECT DEFINED
The purpose of this project and this Agreement between the City of Atlantic Beach and
the Northeast Florida Regional Planning Council shall be to perform work necessary to
complete and adopt required amendments to the Comprehensive Plan for the City of
Atlantic Beach (adopted by Ordinance No. 95-90-48) pursuant to the revised Evaluation
and Appraisal Report (EAR), adopted on February 24, 2003, by Resolution No. 03-03.
.The Comprehensive Plan shall be amended in accordance with the requirements of
Florida Statutes, Chapter 163.3187, with the specific objective of addressing issues
identified within each Element of the EAR, as well as issues that maybe identified by the
City of Atlantic Beach through the amendment process.
II. WORK SCOPE
Reseazch shall be performed and data and analysis shall be collected in order to develop
amended Goals, Objectives and Polices (GOPS), which appropriately. respond to
anticipated amendments and all applicable Statutory requirements. Issues to be addressed
shall be those as set forth within each element of the EAR, specifically those identified as
Anticipated Plan Amendments (Sections L of each Element). The following aze those
most substantive items, which are identified as required EAR-based amendments td be
addressed pursuant to the adopted EAR. ~
a. Development and re-development within the Coastal High Hazard Area;
b. Replacement of the Traffic Circulation Element with a .Transportation
Element incorporating current transportation data;
c. Incorporate appropriate GOPS ,supporting the implementation of the City's
adopted master stortnwater management plan.
d. Coordinate and develop .policies with the SJRWMD regional water supply
plan as required by Section 163.3177 (4) (a) and Section 163.3177 (6) (c) and
(d), and also develop policies regazding wellhead protection azeas.
e. Significant amendments to the Conservation and Coastal Management
Element as identified within this EAR element;
f. Confirm, or identify, and. map currently existing wetland areas, coastal
resources and Environmentally Sensitive azeas and develop appropriate.
polices related to coastal resource preservation and protection;
g. Revise and update the Housiag Element using appropriate current data,
including but not limited to BEBR, US Census and Schimberg resources.
h. Coordinate with COAB GIS staff to amend the future land use map to reflect
existing development densities and land use patterns;
i. Coordinate with City Finance Department to update and revise Capital
Improvements Element.
j. Revise and update all necessary background data and date changes throughout
the adopted Comprehensive Plan.
At}nnhmant d _ D.,..e 1 ..F1
AGENDA ITEM 8B
JiJLY 14, 2003
III. WORK ASSIGNMENTS
It is anticipated that the project shall be a collaborative effort between the staff of the City
of Atlantic Beach (COAB) and the staff of the Northeast Florida Regional Planning
Council (NEFRPC) with the NEFRPC providing technical data, analysis and support.
Work tasks shall be generally assigned as follows.
• NEFRPC tasks
Within six (6) with months of the effective date of this Agreement, NEFRPC staff, in
coordination COAB staff, will complete all recommended actions included in the
Evaluation and Appraisal Report for consideration by the Community Development
Board and the City Commission for transmittal to the Department of Community Affairs.
a. Provide to City staff for review and comment a draft of each element to be reviewed
two {2) weeks prior to any scheduled workshop or public hearing.
b. Conduct one (1)'workshop session with City Commission and the Community
Development Board to discuss proposed revisions and the EAR-based amendments.
c. Attend two (2) public hearings, one each with the Community Development Board
and the City Commission,. for consideration and transmittal of .the EAR-based
amendments.
d. Upon receipt of the Objections, Recommendations and Comments (ORC) report from
.the Department of Community Affairs, NEFRPC staff shall correspond with the
Department until all amendments have been adopted and found in compliance by'the
Department. When all ORC report comments have been satisfactorily addresses, a
final document shall be provided to the City Commission for adoption.
e. NEFRPC staff shall provide all amendment elements to the COAB in
MSWord format on a compact disc. In addition, all maps shall be provided' in
ArcView shapefile format along with five (5) large format printed copies of
all maps.
The NEFRPC staff. assignments and. tasks listed above may be modified
depending on the level of COAB staff involvement with the transmittal and
adoption of the EAR based amendments. Should the COAB manage any of the
above listed items, the final project cost may be reduced. accordingly. At a
minimum, to complete the project, the COAB shall provide all materials and staff
time required to provide the following services:
• COAB tasks
a. Provide electronic copies of all elements of the adopted Comprehensive Plan.
b. Provide electronic. copy of the draft City of Atlantic Beach Future Land Use Mag in
ArcView shapefile. (Original adopted FLUM not in electronic format.)
c. Schedule and notice all public workshops and public hearings.
AGENDA ITEM SB
JULY 14, 2003
d. Draft all neccssary transmittal and adoption ordinances for consideration.
e. Provide copies of all. comments from the public, other agencies and elected officials
regarding elements and proposed amendments to the Comprehensive Plan for
inclusion in the final draft.
f. The COAB shall retain and assume responsibility for all final editing, review
and approval rights of the EAR-based Comprehensive Plan amendments.
Q
...~°`
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
7E6 BUSH
Governor
May 1, 2003
Mr. James A. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 322333-5445
AGENDA ITEM SB
JULY 14, 2003
COLLEEN t:ASTILL!
.Secretary
`~tCE~V
CI VO C NG & 7C~n~y DH
MAY 0 5 2003
RE: City of Atlantic Beach Adopted Evaluation and Appraisal Report
Resolution No. 03-03 I av.
Deaz Mr. Hanson:
I am pleased to inform you that the Department has completed its preliminary and final revieWOf the
adopted Revised Evaluation and Appraisal Report (EAR) for the City of Atlantic Beach, adopted by Resolution No.
03-03 on February 24, 2003, and has determined that the EAR is sufficient, as defined in Subsection 163.3191(7),
Florida Statutes (F.S.). The City of Atlantic Beach may proceed with the adoption of plan amendments in addition
to EAR-based amendments.
Please note that a formal sufficiency determination does not constitute a compliance review of the proposed
amendments identified in the EAR. Amendments will be reviewed for consistency with Section 163, Part II, F.S.
and Rule 9J-5, Florida Administrative Code (F.A.C J, when submitted as proposed amendments.
The City's EAR-based amendment to update the comprehensive plan should be adopted within the next I S
months. The revised.comprehepsive plan should address the changes to the coastal high hazazd area, the need for a
transportation element, adoption of the master stiiimwater management plan, coordination, with the water ~
management district's regional water supply plan, and an update to the Housing Element. Amendments to the future
land use map to reflect existing development densities will. necd to be done in balance with. consideration towazd
increasing densities within the coastal high hazazd area..
Department staff is available to provide any needed assistancato the City of Atlantic Beach as it prepazes
EAR-based amendments. If you have any questions; please call James Stansbury, Principal Planner, at (850) 922-
1818.
S' C el~ _
y/.
H.E. "Sonny" Timmerman, Duector
Division of Community Planning
ST/js
cc: Mr. Ed Lehman, Planning Duector; Northeast Florida Regional PLinnirig Council
Ms. Sonya Doer; Planning Director, City of Atlantic Beach
2355 SHUMARD OAK BOULEVARD • TALLAHASS!!r PLORIDA 92399-2100
phone:(8S0) 488-8466/Suntom 278.8466 FAX: (850) 921-0781/Suncom 291.0781
Internet address:httpa/www•eca.sta ta.fLus
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