Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

protection provisions, infrastructure design requirements, sign standards, supplemental standards, general provisions and definitions, procedures for reviews and decision making, and provisions for variances and non - conformities. 2. 4.4 Task 4: Assist the City During Workshops and Adoption — Provide assistance with the Municipal Planning Board and City Council during workshops and final adoption of the Land Development Code. 2. 5 The proposed schedule for the project estimates a start date of December 2010 and a completion date of November 2011 with final adoption by City Council in January or February 2012. 3. FINANCIAL INFORMATION: 3. 1 To complete all of the tasks to revise the Land Development Code, The Gail Easley Company has proposed a not to exceed fee of $125, 000. This includes the fee for all work to complete Tasks 1 through 4 and nine trips to Fort Walton Beach for meetings with City staff and workshops. 3. 1. 1 The $ 125, 000 fee includes $ 119, 000 estimated for revising the Land Development Code and $ 6, 000 for travel expenses. 3. 2 If additional workshops or meetings are required, The Gail Easley Company has submitted a budget of $3, 300 for each workshop or meeting. 3. 3 Of the overall $ 125, 000 fee, $ 107, 500 was approved in the FY 2010 -11 budget and the remaining $ 17, 500 will be requested in the FY 2011 - 12 budget. 3. 3. 1 In FY 2010 -11, $ 65, 000 was approved in the Planning & Zoning Division Budget in Account No. 001 - 1205 -515 -3400 and the remaining $ 42, 500 was approved in the CRA budget in Account No. 109 -2000 -552 -3400.  PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ( " Agreement ") is entered into by and between the City of Fort Walton Beach ( " CITY"), and THE GAIL EASLEY COMPANY CONSULTANT "),a Florida corporation, effective on the 23rd day of November, 2010. WHEREAS, the CITY has determined that it has a specific need for planning services for the preparation of a revised Land Development Code, and has been authorized to engage and compensate CONSULTANT to provide such services; and WHEREAS, THE GAIL EASLEY COMPANY is an established firm that provides planning services, and is qualified to assist CITY by providing such services as specified in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, CITY and CONSULTANT understand and mutually agree to the following terms and conditions. SECTION 1. SCOPE OF SERVICES Consultant shall perform and provide the services described in Exhibit A. SECTION 2. TERM This Agreement shall commence on November 23, 2010, and shall continue until June 30, 2012, unless terminated sooner as provided herein. SECTION 3. COMPENSATION A. The budget for the preparation of the Land Development Code is $ 125, 000. 00. The budget for FY 2010 -2011 is $ 107, 500. 00 and for 2011- 2012 is $ 17, 500. 00. Budget details are provided in Exhibit A. B. Monthly Invoices. CONSULTANT shall submit monthly invoices to CITY. Invoices will summarize the services provided, the percent completion of the project, and any reimbursable expenses. Reimbursable expenses are travel and travel-related expenses. Invoices are due upon receipt. SECTION 4. INDEPENDENT CONTRACTOR CONSULTANT is not an agent or employee of CITY and will not be considered an employee for any purpose. CONSULTANT shall be considered an independent contractor, entitled to set its own hours and place of business, employ or discharge employees or associates, and maintain the ability to perform obligations in a professional, timely, and reliable manner. SECTION 5. APPLICABLE LAWS CONSULTANT shall abide by applicable federal, state, and local laws and regulations, and shall perform services in accordance with applicable laws during the term of this Agreement. In any lawsuit or legal dispute arising from the operation of this Agreement, the CONSULTANT agrees that the laws of the State of Florida shall govern. SECTION 6. FORCE MAJEURE Neither CITY nor CONSULTANT shall be liable for any delay in the performance of this Agreement, nor any other breach, nor for any loss or damage arising from uncontrollable  forces, such as fire, theft, storm, war or any other force majeure that could not have been reasonably avoided by exercise of due diligence. SECTION 7. CONFLICT OF INTEREST CONSULTANT agrees that it has no interest, and shall not acquire any interest, direct or indirect, which would conflict with the performance of its services in the performance of this Agreement. SECTION 8. TERMINATION A. CITY may terminate this Agreement upon thirty ( 30) days written notice to the CONSULTANT. Upon such termination, the CONSULTANT shall be paid for services actually completed to the satisfaction of CITY, and for reimbursable expenses, according to the schedule set out in Section 3. The CONSULTANT shall turn over originals of all materials prepared pursuant to this Agreement. B. CONSULTANT may suspend performance of services under this Agreement where CITY fails to make timely payment of fees or expenses as specified in Section 3. Consultant shall provide written notice ten ( 10) days prior to any such suspension of services. Where payment is received within ten ( 10) days, services shall not be suspended. SECTION 9. INDEMNIFICATION CONSULTANT agrees to indemnify CITY from any claims, damages and costs arising out of claims by third parties for property damage and bodily injury caused solely by the negligence or willful misconduct of CONSULTANT. SECTION 10. ACCESS TO RECORDS CONSULTANT will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available for examination by the CITY during CONSULTANT' s normal business hours. Said records will be maintained for a period of three ( 3) years after the date of the invoice. SECTION 11. NOTICE Notices and communications required by this Agreement or necessary in the performance of this Agreement shall be made in writing, postage prepaid, to the following addresses: CITY Consultant: Michael Beedie, PE V. Gail Easley, FAICP 107 Miracle Strip Parkway SW THE GAIL EASLEY COMPANY Fort Walton Beach, FL 32548 -6614 Post Office Box 2137 Phone: 850- 833 -9612 Crystal River, FL 34423 hand delivery: 4798 North Ladybug Drive Crystal River, FL 34428 Phone: 352- 634 -5681 K IN WITNESS WHERE, the parties have executed this Agreement on the dates set forth to be effective for all purposes on the date first written above. CITY OF FORT WALTON BEACH THE GAIL EASLEY COMPANY t November 7, 2010 signature date signature date 3  Scope of Services The Gail Easley Company P. O. Box 2137 Crystal River, FL 34423 1. 0 PROJECT INITIATION A. A project kick-off meeting will be held to coordinate details of the work program, task assignments, project schedule, and delivery of work products. B. The kick -off meeting will also include discussion and confirmation of issues identified in the Evaluation and Diagnosis performed in mid-2010 and to confirm the structure and contents of the LDC based on the amended Comprehensive Plan. 2. 0 PREPARE DETAILED OUTLINE / TABLE OF CONTENTS A detailed outline of the revised LDC will be prepared and presented to identify the contents of the regulations and to ensure that the land development code: implements the provisions of the comprehensive plan; provides a format that makes intuitive sense to the users of the code; provides a format that clearly identifies each and every provision with a unique citation; creates style that clearly identifies headings a and subheadings not only by numerical references but also by style; provides a format where information is easy to locate; provides a format that is easily placed on the City's Web site for maximum public access; and provides appropriate cross -references. This task ensures agreement on the structure and contents of the revised LDC, based on the earlier findings and recommendations during evaluation and diagnosis. 3. 0 PREPARE UPDATED / REVISED LAND DEVELOPMENT CODE A. The chapters or articles will include: zoning, to address districts, overlay or special districts, and uses, based on the amended Comprehensive Plan and including specific attention to reducing the extent of conditional use situations design standards, including basic design standards in zoning districts, as well as design standards for overlay districts, accessory uses, temporary uses, historic districts and buildings, and redevelopment areas landscaping and tree protection provisions design requirements for utilities, stormwater, streets, sidewalks, and other infrastructure, with consideration for the development of engineering design manuals rather than including such standards within the land development code sign standards supplemental standards for uses with special design requirements that are best addressed through supplementing the basic zoning district standards general provisions and definitions Page 1  procedures for receiving, reviewing, and rendering decisions on applications procedures for special situations, such as variances and nonconformities B. Each chapter or article will be prepared and submitted to the City for initial review. The consultant will meet with the City Attorney, City Manager, and Development Services staff to review each updated and revised chapter. C. The consultant will prepare a second draft to reflect changes determined during the initial review meeting. 4. 0 ASSIST THE CITY DURING WORKSHOPS AND ADOPTION The consultant will assist the City during workshops with the Municipal