HomeMy WebLinkAboutPlanning Communities, LLC Winter Springs Evaluation and Appraisal Report
AGREEMENT
WINTER SPRINGS EVALUATION AND APPRAISAL REPORT
This Agreement is made and entered into this L day of Octo Ie> e...f , 2007, by and
between the City of Winter Springs, Florida (hereinafter referred to as the "City") and the firm
of Planning Communities, LLC (Hereinafter referred to as the "Consultant"), who agree as
follows:
WITNESSETH THAT:
WHEREAS, the City desires to prepare an Evaluation and Appraisal Report (EAR) for the
City's Comprehensive Plan as per Section 163.3191 F.S., and
WHEREAS, the City desires to engage the Consultant to render certain professional services
hereinafter described in connection with said report;
NOW, THEREFORE, in consideration of the mutual benefits which will accrue to the parties
hereto in carrying out the terms of this agreement, it is mutually understood and agreed as
follows:
1. Emplovment of The Consultant
The City hereby agrees to employ the Consultant, and the Consultant hereby agrees to perform
services set forth hereinafter in connection with the preparation of the EAR.
2. Standard of Care
Services performed by The Consultant under this Agreement will be conducted in a manner with
the level of care and skill ordinarily exercised by members of the professions currently practicing
under similar conditions.
3. Scope of Services
The Consultant will provide the professional and technical services required under this
Agreement and described in the Project Understanding and Scope of Services (Exhibit 'A')
attached hereto and made a part of this agreement.
4. Time of Completion
The Consultant services covered in the Project Understanding and Scope of Services (Exhibit
'A') are to be rendered expeditiously to meet the Florida Growth Management EAR Adoption
deadline of May 1, 2008. By executing this Agreement, the Consultant confirms that the
attached Critical Timeline (Exhibit 'B') includes a reasonable period for performing the work
and that a draft EAR will be transmitted to the Florida Department of Community Affairs (DCA)
by Feb. 1,2008.
The Consultant shall begin work promptly after receipt of a fully executed copy of this
Agreement; such receipt shall constitute written notice to proceed.
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5. Compensation
For performance of the services contained in this Agreement, the City agrees to compensate the
Consultant on a lump sum basis as described in Exhibit 'C'. Lump sum fees shall include all direct
expenses for travel, subsistence, copying, and other materials necessary for the performance of the
work, with a not-to-exceed limit of $30,000. The upset limit of $30,000 shall not be exceeded
unless approved in advance by the City, or unless the City requests services, meetings, or other
items beyond those described in Exhibit 'A'.
Additional services may be added at the discretion of the City, based upon a negotiated lump
sum fee or hourly rate with written authorization of the City and prior to commencing the work.
The hourly billing rates ofthe Consultant are as follows:
Personnel Hourly Rate
(in Dollars)
Project Manager $110.00
Principal Planner $100.00
Senior Planner $80.00
Planner $65.00
GIS Manager $70.00
GIS Analyst $55.00
Graphics/Multi -media $65.00
The Consultant shall submit invoices at the completion of each major task (Exhibit 'C'),
indicating the work completed as described. The City shall submit payment for approved
invoices within 30 days.
6. Ownership of Documents
It is expressly acknowledged by the Consultant that the City is a public entity and that any work
product, reports, data, drawings and other information provided to the City or generated by the
Consultant under the terms of this Agreement may be distributed and/or made available to the
public for review and comment. Any work product, reports, data, drawings or other information
provided to the City or generated by the Consultant pursuant to this Agreement shall be the
property of the City.
7. Chanees
The City or the Consultant may, from time to time, request changes in the terms of this
Agreement. Such changes, including any increase or decrease in the scope of work and the
amount of compensation due to the Consultant, shall be mutually agreed upon by the parties
hereto and shall be incorporated in written amendments to this Agreement.
8. Termination
The City may terminate this Agreement at any time by giving written notice to the Consultant of
such termination and specifying the effective date thereof. Such written notice shall be furnished
to the Consultant at least fourteen (14) days before the effective date of termination. In that
event, all finished or unfinished documents and other materials shall, at the option of the City,
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become its property. If the Consultant is terminated by the City as provided herein, the
Consultant shall be paid for all work completed up to the date of termination.
9. Assienability
The Consultant shall not assign any interest in this Agreement and shall not transfer any interest
in the same, whether by assignment or notation, without the prior written consent of the City
thereto.
10. Conditions and Assurances
The Consultant agrees to abide by the following requirements:
A. Access to Records: The Consultant agrees that the City, or any of its duly authorized
representatives shall have access to books, documents, papers, and records of the Consultant
related to the subject project for the purposes of making audit, examination, excerpt, and
transcripts.
B. Retention of Records: The Consultant agrees to retain all pertinent records relating to the
services performed as required by Florida law. During this period, the records will be made
available to the City at all reasonable times.
C. Use of Materials: No material produced in whole or in part under this Agreement shall be
subject to copyright in the United States or in any other country. The City and the Consultant
shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or
part, any report, data, or other materials prepared under this Agreement.
11. Remedies
Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and
other matters in question between the City and the Consultant arising out of or relating to this
Agreement or the breach thereof, will be decided by binding mediation, if the parties hereto
mutually agree, or in court of competent jurisdiction within the State of Florida.
12. The City's Responsibilities
The City shall appoint a representative authorized to act on the City's behalf with respect to the
project. The City shall make decisions in a timely manner regarding all aspects of the Project,
shall examine documents submitted by the Consultant and render decisions in a timely manner to
avoid unreasonable delay in the orderly and sequential progress of the Consultant's services and
in consideration of the Critical Timeline (Exhibit 'B').
13. Successors and Assiens
The City and the Consultant each binds itself and its partners, successors, executors,
administrators, and assigns to the other party to this Agreement and to the partners, successors,
executors, administrators, and assigns, or such party, in respect to all covenants of this
Agreement. Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of the Consultant, or of any public body which may be a party hereto, nor shall it
be construed as giving any rights or benefits hereunder to anyone other than the City and the
Consultant.
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Signing of this contract indicates acceptance of the conditions herein described.
Please retain a copy for yourself and return a signed original to the City.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement on this
the l day of OG-tolo-ef ,2007.
PLANNING COMMUNITIES, LLC
BY:~~'~47d
eresa nsend
Chief Executive Officer
~~~
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CITY OF WYNTER SPRINGS, FLORIDA
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By;. ,
+,,( Ronald M. ~more,
City Manager
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EXHIBIT 'A'
EVALUATION AND APPRAISAL REPORT
PROJECT UNDERSTANDING
The City of Winter Spring's Comprehensive Plan has been prepared and adopted as required by the Local
Government Comprehensive Planning and Land Development Act and the Florida Administrative Code.
In keeping with the intent of the LGCPA, Winter Spring's Comprehensive Plan is designed to be a useful
growth management and decision making tool in areas such as future land use, public facility expansion
and improvement (including schools), transportation, conservation of natural resources, solid waste, water
and waste water management, and recreation and open space development.
The Florida Statutes describes the local government comprehensive planning program as a continuous
and dynamic process. An Evaluation and Appraisal Report (EAR) is required every seven years by each
local government to assess the progress of implementing the local government's comprehensive plan. The
EAR process is designed to respond to changes in state, regional, and local policies on planning and
growth management, changing conditions and trends, to ensure effective intergovernmental coordination,
and to identify major issues regarding the community's achievement of its goals.
Florida law establishes minimum requirements for the City's planning data to ensure predictability,
certainty, and integrity in the local growth management process. The EAR is intended to serve as a
summary audit of the actions that Winter Springs has undertaken, and to identify needed changes to
improve or otherwise refine the process. The EAR assessment will provide the foundation for subsequent
comprehensive plan amendments. The Florida Department of Community Affairs has established a
phased schedule for adoption of EAR's based on the requirements of Section 163.3191(9). Winter
Springs' EAR must be adopted by May 1,2008.
The EAR is to address all the relevant requirements of Section 163.3191(2), Florida Statutes, including
legislative changes and updates to the Strategic Regional Policy Plan applicable to the City of Winter
Springs. As stated in the Florida Statutes, the requirements for all EARs include:
. Presentation of population growth and changes in land area;
· Illustration of the extent of vacant, developable land;
· Discussion of planned versus implemented development;
· Determination of the financial feasibility of implementing the plan;
. Analysis of potential social, economic, and environmental changes;
. Statements regarding relevant changes to the state comprehensive plan, strategic regional policy
plan, Florida Statutes, and the Florida Administrative Code;
· Summary of the public participation program;
· Coordination with existing public schools;
. Consideration of the water management district's regional water supply plan;
. Extent of success in identifying alternative water supply projects, including conservation and
reuse, necessary to meet the water needs;
. Assessment of the extent to which changes are needed to develop a common methodology for
measuring impacts on transportation facilities for the purpose of implementing its concurrency
management system in coordination with the municipalities and counties, as appropriate; and
. Evaluation of whether any past reduction in land use density impairs the property rights of current
residents.
Other Florida Statute requirements for the EAR, that are not applicable to the City of Winter Springs,
include:
. Assessment of whether criteria adopted pursuant to Section 163.3177(6)(a) were successful in
achieving compatibility with military installations; and
. Extent to which a concurrency exception area, a concurrency management area, or a multimodal
transportation district has achieved the purpose for which it was created and otherwise complies
with the provisions of Section 163.3180.
The major issues specifically identified by the City are to be the major component of the Winter Springs'
EAR and that which differentiates it from another community's evaluation. Section 163.3191(1)(c), F.S.,
requires that local governments identify and analyze major issues to further the community's goals
consistent with statutory minimum standards. A major issue is described as a narrow matter of concern to
the existing and future growth and development of the local community.
The assessment of goals, objectives and policies as related to the major issues must include the data and
analysis indicating progress made towards the achievement of those objectives. If insufficient progress
has been made, the EAR is to discuss why and assess how things could be done differently to better
achieve the objectives.
The Consultant will utilize the Letter of Understanding (LOU) received from DCA as the focus of the
EAR. The LOU provides documentation that the following major issues identified by the City are
acceptable to DCA{s. 163.3191(2), F.S.}:
1. Greenway Interchange Employment District
2. Elderly Housing & Medical Care
3. Affordable and Work-Force Housing (Section 163.3177(6)(f), F.S. and Rule 9J-5.01O F.A.C.)
4. State Road 434 Corridor
5. Population, Housing Density and Greenspace
6. Redevelopment of West Side
SCOPE OF SERVICES
The Consultant shall provide the following Scope of Services for the Evaluation and Appraisal Report for
the City of Winter Springs Comprehensive Plan, as required by Florida Statutes. The Planning
Communities team will begin development of the EAR immediately upon execution of the contract.
Task 1.1 -
Kick-off Meeting-
Discussion of Schedule and Deliverables; Identification of key roles; Establish
coordination procedures; Begin data collection; Discussion of Web site; etc.
Gather Relevant City Data-
The Consultant shall be entitled to rely on the completeness and accuracy of information
provided by the City:
. City's current Comprehensive Plan including maps, in electronic format (Microsoft
Word, and pdfformat);
. GIS data files, including but not limited to: Future Land Use, Existing Land Use, city
boundaries, public lands, parks and recreational lands, vacant and constrained lands,
annexations, etc.;
. Annexations since last EAR (1998-2007) (data base in excel format)
. Housing Development since last EAR (1998-2007) (data base in excel format)
· Housing Trend tables and charts (pdfformat);
· Land Use and Population studies
· Winter Springs 1998 Evaluation and Appraisal Report (pdf format);
. Capital Improvements Plan/Program through 2009/2010 (pdf format);
. Available master plans, studies and reports, as applicable, including SR 434 corridor
study (pdfformat);
· Draft Public School Facilities Element (Ordinance 2007-22) and corresponding
comprehensive plan amendments to the Intergovernmental Coordination Element and
the Capital Improvement Element with supporting documentation including the
executed 2007 School Interlocal Agreement which is currently under review by DCA
(pdf format); and
· Open Space Ad Hoc Committee Report (pdf).
Task 1.2-
Establish Existing Conditions and Trends; Review Relevant Documents-
The primary pmpose of this step is for the Consultant to become familiar with the
conditions and dynamics in the City of Winter Springs. With the assistance of City staff,
synthesize existing data into a format for use in the EAR report. City Maps are available
in GIS and/or pdf format.
Deliverables:
· EAR Introduction; and
· EAR Part I - Community Wide Assessment.
Florida Statutes and Administrative Rules-
Identify the changes to the Florida Statutes and Florida Administrative Code.
Deliverables:
· EAR Part IV - Changes to Florida Statues and Administrative Rules (table
format).
Public Outreach Activities-
· Launch Website; and
Launch website link to enable interested stakeholders to gain familiarity with the
process and to give input.
· Brief Local Planning Agency (LPA).
Task 1.3a - Understanding the Context and Need & Assessment of Plan Effectiveness-
Array, sort, and evaluate factual information pertaining to existing conditions and trends
as related to the locally identified issues. With the assistance of City staff, synthesize and
interpret data to identify land use and development patterns, socio-economic
characteristics, emerging trends, sensitive natural and cultural resources, and present and
planned infrastructure and public facilities systems, including anticipated problems,
needs and deficiencies. Summarize the resulting analyses in a series of technical
memoranda prepared to meet the established requirements of Chapter 163 and Rule 91-5.
Deliverables:
· EAR Part II - Evaluation of Locally Identified Issues.
Public Outreach Activities-
· Update Website; and
· Brief LPA.
Task 1.3b - Understanding the Context and Need & Assessment of Plan Effectiveness- The
Consultant will collect data for each of the Comprehensive Plan elements to assess how
well each objective is meeting its intent. The current elements of the Plan include: Future
Land Use; Transportation; Housing; Infrastructure; Conservation; Recreation & Open
Space; Intergovernmental Coordination; Capital Improvements; & Public School
Facilities (draft currently under review by DCA).
Deliverables:
· EAR Part III - Comprehensive Plan 2001 Evaluation.
Public Outreach Activities-
· Update Website; and
· Brief LPA.
Task 1.4.
Task 1.5.
Format and Compile Draft EAR Components into Report Format-
Include information and analysis required by Chapter 163.3191, Florida Statutes and
applicable to the City of Winter Springs. The requirements for the EAR as applicable to
the City include:
. Population growth and changes in land area;
· Extent of vacant and developed land;
· Financial feasibility of implementing the comprehensive plan and providing needed
infrastructure;
. Location of existing development in relation to location anticipated by current plan;
· Identification of major issues;
. Relevant changes to state comprehensive plan, Rule 9J-5 and East Central Florida
Regional Planning Council (ECFRPC) Strategic Plan since adoption of current plan;
. Assessment of whether plan objectives have been achieved as they relate to major
issues, identification of unforeseen or unanticipated changes in circumstances which
has effected objective implementation;
· Brief assessment of successes and shortcomings of each element;
. Identification of any actions or corrective measures, including plan amendments that
are anticipated to address major issues;
· Summary of public participation program undertaken during the EAR process;
. Effectiveness assessment for coordination of plan with existing public schools and
those identified in the adopted local educational facilities plan; and
· Consideration of St. Johns River Water Management District's (SJRWMD) regional
water supply plan and update of potable water element.
Deliverables:
. Draft EAR- The draft report will be prepared as an 8-1/2-inch x ll-inch document
presented in a three-ring binder. Color maps will be used, as appropriate. Maps may
be II-inch x 17-inch format, folded into 8-1/2-inch x II-inch dimension for inclusion
into the report. Provide the City an electronic of the draft EAR for review and
comment at least six (6) weeks prior to the LPA/City Commission (CC) Joint
Workshop;
· EAR Revisions based on City staff comments;
· LPAlCity Commission (CC) Joint Workshop- Provide hard copies of the draft
EAR for distribution to the LP A and CC. Presentation by Consultant; Summarize
data and analysis; Summarize alternative issue approaches; Identify recommended
issue approaches; Review proposed draft EAR recommendations; and Seek
opportunity for input
· EAR Revisions based on Joint LPAlCC Workshop comments; and
· EAR Revisions based on Public Hearing comments.
Public Outreach Activities-
· Update Website; and
· City Commission Public Hearings- Presentation by Consultant and Discussion of
draft EAR.
Transmit Draft EAR to DCA for Courtesy Review-
Deliverables:
· Draft EAR Transmittal to DCA- Provide copies of the draft EAR for transmittal to
DCA. DCA will provide a courtesy review of the draft no later than 90 days prior to
the adoption date and will return comments within 30 days. This preliminary review
will reduce the number of comments by DCA when the adopted EAR is transmitted.
· Meet with DCA staff in Tallahassee; and
· EAR Revisions based on DCA comments.
Public Outreach Activities-
· Update Website.
Task 1.6-
Task 2.0-
Final EAR and Adoption-
Deliverables:
· LPA Public Hearing- Provide 10 copies of the final draft EAR;
City Commission Adoption Hearing- Provide 25 copies of the final draft EAR for
distribution to the Commission; Assist City staff with the presentation and help
respond to questions.
. EAR Transmittal to DCA and the local, regional, and state agencies- Provide
copies as needed. Be available to assist City staff with preparing the transmittal
package, as well as writing of the adoption transmittal. DCA's determination of Final
Sufficiency for the EAR will be provided 90 days after transmittal. (The sufficiency
review by DCA will concentrate on whether the EAR sufficiently fulfills the
evaluation requirements. If DCA determines a "Finding of Not Sufficient" the City
must adopt a revised EAR and repeat the DCA review. To the extent that the EAR is
determined to be insufficient, the consultant will be responsible for augmenting the
submitted material necessary to achieve sufficiency.)
· Update Website; and
· Additional Revisions (as required by DCA).
Comprehensive Plan Amendments & Additional Services-
Any services not specifically provided for in the above Scope, as well as any
changes in the Scope the City requests, will be considered additional services. Fees for
these services will be negotiated for a lump sum fee or on an hourly basis depending
upon the requested services and the Consultant's availability.
Th h 1 b'll"
Ii h C
e ourlv 1 mg rates or t e onsu tant are:
Hourlv Rate
Personnel (in Dollars)
Project Manager $110.00
Principal Planner $100.00
Senior Planner $80.00
Planner $65.00
GIS Manager $70.00
GIS Analvst $55.00
Graphics/Multi -media $65,00
EXHIBIT 'B'
EVALUATION AND APPRAISAL REPORT
CRITICAL TIMELlNE FOR DATA DEVELOPMENT AND REVIEW
Services are to be provided as expeditiously to meet the mutually agreed upon time line in order to meet
the Florida Growth Management requirements deadline of May 1, 2008.
Sept. 27, 2007 Contract Negotiations re: Scope of Work, Schedule, Deliverables & Fee.
Oct 8,2007- 5:15 PM City Commission Approval of Contract with Planning Communities.
Oct 9,2007- time TBD
Oct. 24, 2007- 7 PM
October 2007
November 2007
Nov 7,2007- 7 PM
Dec. 5, 2007-7 PM
December 2007
Jan. 2,2008
Jan. 14,2008
Jan. 28,2008
Feb. 1,2008
2nd wk in Feb.
March 2008
April 2, 2008
April 28, 2008
Task 1.1- Kick-off Meeting with City Staff & Gathering of Relevant City
Data.
Local Planning Agency Briefing.
Task 1.2- Establish Existing Conditions and Trends; Review Relevant
Documents; Florida Statutes and Administrative Rules; and Public
Outreach Activities:
EAR Introduction;
EAR Part I - Community Wide Assessment; and
EAR Part IV - Changes to Florida Statues & Administrative Rules;
Task 1.3a&b - Understanding the Context and Need & Assessment of
Plan Effectiveness; and Public Outreach Activities:
EAR Part II - Evaluation of Locally Identified Issues; and
EAR Part III - Comprehensive Plan 2001 Evaluation.
Local Planning Agency Briefing, if needed
Local Planning Agency Briefing
Task 1.4- Format and Compile Draft EAR Components into Report for
Staff review; and Public Outreach Activities. Include text, maps,
illustrations, and tables; Review draft report with City staff and update
based on staff comments.
Local Planning Agency Briefing
LPAlCity Commission Combined Workshop on draft EAR-
EAR Revisions based on Joint LPAlCC Workshop comments.
City Commission Transmittal Public Hearing of draft EAR-
EAR Revisions based on Joint LP AlCC Workshop comments.
Task 1.5 - Transmit Draft EAR to DCA for Courtesy Review-
(90 days prior to deadline)
Meet with DCA representatives in Tallahassee
Receive comments from DCA on draft EAR;
Revise and produce final EAR for adoption
Task 1.6 - Final EAR and Adoption-
Present Final EAR to LP A at Public Hearing
Present Final EAR to City Commission at Adoption Public Hearing
EVALUATION AND APPRAISAL REPORT
CRITICAL TIMELlNE FOR DATA DEVELOPMENT AND REVIEW
May 1, 2008
Deadline for submittal of adopted EAR to DCA & Reviewing Agencies
for compliance review
July 8,2008
Preliminary sufficiency determination from DCA (provided 60 days from
DCA's receipt of transmittal); Respond to DCA (if needed) prior to final
sufficiency report
August 8, 2008
DCA's determination of Final Sufficiency for EAR (provided 90 days
from DCA's receipt of transmittal)
...............................................................................
September 2008
Contract Negotiations re: Scope of Work, Schedule, Deliverables &
Fee for EAR-based Comprehensive Plan Amendments. Prepare
Work Schedule for Comp Plan Amendments
Working collaboratively with City Staff, begin drafting Comp Plan
Amendments according to approved EAR
TBD
November 2008
LP A Briefing
Election 2008- 3 Commission Seats
LP A Briefing
Staff review of Draft Amendments; Revise based on comments
Joint LPA/CC Workshops
Present draft EAR-based Amendments at Local Planning Agency Public
Hearing
Present draft EAR-based Amendments to the City Commisison for
consideration and comments at up to two (2) public hearings
August 2009
November 2009
Incorporate proposed changes, prior to transmittal to DCA
Transmittal of Proposed Plan Amendments
Receive Objections, Recommendations, and Comments (ORC) Report
from DCA; Prepare responses and review with Staff
January 2010
Present Final EAR-based amendments to the City Commission for Final
Adoption (18 months after the EAR is deemed sufficient by DCA)
Transmit final EAR-based Amendments document to DCA for
compliance review
April 2010
DCA's determination of Final Sufficiency for EAR-based Amendments
(provided 90 days from DCA's receipt of transmittal)
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