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HomeMy WebLinkAbout2004 01 26 Regular 507 CITY COMMISSION AGENDA ITE:M 507 Consent Informational Public Hearing Regular x January 26, 2004 MGR (J--r DEPT rr- REQUEST: The Community Development Department requests the City Commission hear a presentation by Breedlove Dennis and Associates, Inc. (BDA), environmental consultants, to discuss the need for changes to the Code of Ordinances related to boat docks. PURPOSE: The purpose of this agenda item is for the Commission to review the information compiled by BDA, regarding the following, as they apply to Lake Jesup: (1) wetland protection, (2) water quality - opportunities for protection and improvement, (3) design/aesthetics, and (4) whether a maximum number of docks could be accurately linked to protecting the resources. This information is intended help the Commission determine the need for any changes to the Code of Ordinances relating to boat docks, and direct both staff and the City's consultant (BDA) how to proceed. CONSIDERATIONS: On October 14, 2002, the City Commission voted to have Breedlove, Dennis, and Associates gather information, conduct a workshop, and draft a boat dock ordinance, pursuant to their proposal of March 19,2002. At the June 9, 2003, City Commission meeting, the decision was made to conduct a workshop in September. January 26, 2004 Regular 507 Page 2 The City Commission held a workshop on September 8, 2003, where it decided that the consultant should come back with a scope of work and discuss the following issues as they relate only to Lake Jesup: 1. wetland protection" 2. water quality - opportunities for protection and improvement, 3. design/aesthetics, and 4. whether or not a maximum number of docks could be accurately linked to protecting the resource - if so, what is the maximum. ATTACHMENTS: Attachment A BDA Proposal (5 main tasks, not to exceed $6,200) RECOMMENDATION: Staff recommends that the City Commission hear the presentation by BDA concerning boat docks and provide direction to staff and the consultant. COMMISSION ACTION: 2 '. (c '.~'" . ((., .f(. '\:\i' \.~~~.. ATTACHMENT A BDA ENVIRONMENTAL CONSl;IT,-\NTS March 19,2002 File: 99126-20.1 Mr. Charles Carrington City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Phone: 407-327-5970 Fax: 407-327-6695 RE: Proposal to Assist the City of Winter Springs Modifications and/or Amendments to Adopted Ordinances for Boat Docks Dear Charles: Pursuant to your request, Breedlove, Dennis &- Associates, Inc. (BOA) is providing the following proposal to assist the City of Winter S'Iirings with revising or amending adopted ordinances and to assist with drafting language for new ordinances regarding boat docks within the city limits. The general scope of our services will include a review of current codes reIating'to bo~tdocks for both the City of Winter Springs and other municipalities and counties in central Florida. BaSed on that review, a workshop would 'be scheduled with City of Winter Springs personnel and with city commissioners to review possible modifications to existing ordinances and potential amendments to these ordinances. A public hearing would also be scheduled and the suggested changes presented with public participation and comment. Drafts of the proposed changes would be provided for final discussion, modification, and approvaL Our services under this contract are not intended to duplicate permitting ~equirement$ of other federal, state, and local governments, but to maximize' the City of Winter Springs' protection for its natural resources not addressed elsewhere in.' government codes or permitting regulations. We propose the following workscope for our services. j':\AOMIN\PROiECTS\99126\PROPOSAL\CARRINGTON\OOA T.ooe I\ItEElll.< lVE, (IENNIS &. MiSt)( 51\"I'I:s. I N(:. 1 k1 \'II. C,\NTt'lN ^VE~lIE i WINTEIlI':\ln:. 1'1. I~:-'l I'HllNE ~tl7.(;7i.I:i:;! I I'M, ~l\7.1.)7.71\.\'i . " ( (" tft<- (' 'BDA \. ENVIRONMENTAL CONSULTANTS Mr. Charles Carrington March 19,2002 Page 2 o Task No.1 - Review of Existing Ordinances We will review the existing City of Winter Springs ordinances related to boat docks and mooring defined by our,previous experience. We will also contact other municipalities and government agencies to obtain model ordinances and local ordinances from which to formulate modifications. These other contacts may include, but not be limited to, the American Planning Association, Urban Land Institute, League of Cities, Seminole County, Orange County, City of Sanford, City of Orlando, and City of Altamonte Springs. Other contacts may be'made as directed by the City of Winter Springs. Upon completion of this data collection and review, we will fonnulate proposed changes to the existing city ordinances and recommend options for amending the adopted codes. f' o Task No.2-Progress Review Workshop A workshop will be scheduled to present recommended options. These options will have been dev,eloped based on our review of other ordinances from other municipalities. The goal of this workshop will be to define the ordinances to be modified or amended to provide additional protection for the City of Winter Springs. o Task No.3 - Preparation of Proposed Ordinance Amendments Based on ip.fonnation and comments received during the Progress Review Workshop, a draft of the proposedot~inance amendments will be prepared and submitted to the City of Winter Springs. o Task No. 4 - First Commission Meeting (Public HearinglFirst Reading- of Ordinance . Amendments) We wild cobrdinate with the City of Winter Springs to present recommended modifications of City t c . ordinan~:~uring the regularly scheduled public meeting with the City Commissioners. BDA will make a pr~en~at~o~ and answer question.s during t~is hearing, as neces~ary. ~ny .necessary re~isions t~ the: propose~ o~~mance amendments wtll be mady' and a final draft Will be submitted to the CIty of Wmter Springs.: . , . . . . '. I. I' " :-\: 1':\AOMIN\PROJECTS\9912C,\I'ROI'O:i^ L\CAIUlINGTON\OOA T.OOC . ... .' . I .. , r ~ c.: C-', .'v. .~ ~,p:~:",-, l.. '{, '. '~;::.:~ \. BOA I:N\'II(( )NMENT.-\L \.:, )NSULT.-\~TS Mr. Charles Carrington March 19, 2002 Page 3 o Task No.5 - Second Commission Meeting (Final Readine and Adootion of Ordinance) A final public meeting with ttie City Commissioners will be scheduled to approve recommended changes. to the city's ordinances protecting natural resources. We will attend this meeting to answer questions and provide a presentation, as necessary. o Task No.6 - Requested Services Work related to tasks above and beyond the scope of services provided herein will be conducted on a time and materials (T &M) basis pursuant to your authorization. Cost of Services and Invoicing Dr. W. Michael Dennis an~l Ms. Penny E. Cople will attend the workshop and meetings representing BDA. Tll.eanticipated costs for each task have been outlined below for your review. However, the actual costs for the completion of each of these tasks may be more or less than the estimated costs provided for each task below. The total contract amount will not exceed $6,200, without prior authorization in the event additional meetings br tasks are assigned. Billing will be on a not-to-exceed basis for Task Nos. I through 5 in accordance with the enclosed Schedule of Professional Fees and subject to the attached Temls and Conditions as identified on the following table. Billing for any additional authorized ta,sks not included in this proposal will be on a T&M basis. We have also provided a box for each step in this process for your approval. If you accept our proposed services, please check those tasks that you will need. We will work from a purchase order from the City of Winter Springs, if required. Task No. Description Estimated Costs ' o 'Task No. 1 Review of Existing Ordinances $2,500 o Task No.2 Progress Review Workshop $500 o Task No.3 Preparation of Proposed Ordinance Amendments $1,500 o Task No.4 First Commission Meeting (Public HearingIFirst Reading of Ordinance $1,000 Amendments) o Task No.5 Second Commission Meeting (Final Reading and Adoption of Ordinance) $1,000 ":\AOMIN\PROJECTS\99 I 26\PROPOSAL\CARRINGTONIOOA T.OOC . ,.. ( C~./ , \ c., BDA ENVlllON1\'IENTAL CONSUL1ANTS Mr. Charles Carrington March 19. 2002 Page 4 Task No. Description Estimated . .,Costs.." ._, o Task No.6 Requested Services T&M Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A fully executed contract will be returned for your files Sincerel~ yours, ", B~.S Director, Proposals and Contracts Penny E. Caple, B.S. Senior Scientist Accepted by: :r "or. Charles Carrington City of Winter Springs Ronald W. McLemore City Manager Date I: '. W. MichaellDennis, Ph.D. President' :1' 'Breedlove, Dennis & Associa.tes, lnc. :1 Date (, ! .:J PEClBAB/tdm Enclosure .1 . 1':\AOMIN\I'1l0JECTS\99I 26\l'ROI'OS^L\C^RRINGTON\UO^ T.DOC ... .. .' , I ( BOA ENVIRONMENTAL CONSULTA.NTS \ , TERMS AND CONDITIONS I. Other support provided at the request of the Client or representatives of the Client including, but not limited to, team meetings, agency negotiations, public presentat.ions, mitigation design, pennitting assistance, sufficiency responses or additional analyses not mentioned eisewhere in this Proposal will be billed on a time and materials basis according to the attached rate schedule. All requested services must be approved by the: Client before additional support can be initiated. (, 2. Unless specified elsewhere in the Proposal, the proposed costs constitute Breedlove, Oennis & Associates,' Inc. 's (BOA) estimate of the charges required to complete , the Project as defined. Final costs for this Project may vary from the estimated costs. For many projects, all activities are often initially not fully definable. As the Project progresses, the facts uncovered may alter the scope of work and consequently the cost of completion. BOA will infonn the Client of such situations so that negotiations of change in scope and fees can be accomplished as required. 3. BOA's fees are based on the actual time required by the individuals assigned to the Project task, plus reimbursable expenses. Reimbursable expenses mean the actual expenses incurred directly or indirectly in connection with the Project. Reimbursable expenses include, but are not limited to long distance telephone calls, computer charges, living and travel out-of-town, inter-city travel, reproduction of reports, drawings and documents, and special fees. Client shall compensate the consultant for reimbursable expenses. Individual hourly rates vary according to:: the degree of responsibility inv,olved and the skill required. BOA will submit our bill for these services monthly. Payment is due upon submission. 4. After January 1,,2003, all hourly and daily rates quoted within this contract may inc:rease by 5%, at the C. X' \..:.:.. O:\M ^ RK E1'I NG\fEESCH E0\2002:r &C. DOC detennination of BOA, updn written notice to Client, and may increase by 5% annually thereafter. 5. This Proposal to perfonn services for this Project shall remain open for acceptance for a 'period of sixty (60) days from the date thereof, after which time BOA reserves the right to review, revise or withdraw its Proposal. 6. All inforn1ation. furnished by Client to BOA shall be returned to Client upon the conclusion of the Work unless the same shall have been consumed or merged into the Work. BOA may, retain copies of any such infonnation furnished to BOA by Client and BOA shall, in all events, retain full possession and ownership of it's field and Project notes and all other documents o('dat~r generated; cOlfsumed' ., or merged into any reports, opinions, or applications required in connection with the Project and the Work. 7. This Contract may be tenninated by either Party for reason or for no reason by giving thirty (30) days written notice to the 'other Party. Said notice shall be sufficient if it ,is delivered to the Party personally or mailed by certified mail to the Party's mailing address. Upon any tennination under this paragraph, BOA will prepare a final invoice following the date of a final tennination notice which date shall be the "Effective Date of Tennination." Where the method of payment is based on time and materials, the final invoice will be based on reimbiirsein-enCfiir 'all"sil"iices'-and - . ' expenses associated with the Project up to the Effective Date ofTennination. 8. Neither BDA nor Client shall be liable to the other for any damages whatsoever caused by tennination of this Contract or failure to perfonn under this Contract, except for services actually perforrned and costs and commitments actually incurred by BDA under this Contract, prior to the Effective Date ofTernlination. In no event shall either Party be liable to the other for any other claim of direct, indirect, I .. .' IIHEEll!.l lVE. 11ENNI:i .'X :\;s\ '\( :I,\TES. 1;--:\:. 11\' \x:\:,\NTI IN ,WENt:" \,,'I:-<TEI: 1',\1\1.:. "I. ,""., 1'11\ I;-":E w7.i,7i.I:;.~~ . "t\:\ "\'i'.l.)i.i,\\.~ ( BDA ENVIRONMENTAL CONSULTANTS special, incidental, or consequential damages (including loss of profits) whether based on contract. tort. or another legal theory. 9. The Parties to this Contract agree to make the submission to mediation of any dispute or controversy arising out of this Contract, as set forth herein, an express condition precedent to any legal or equitable action or proceeding of any nature whatsoever. All disputes between the Parties to this Contract arising out of or in cOlUlection with this Contract shall be referred for mediation to a mediator who is a member of the Florida Bar, in good standing, and who is mutually acceptable to all Parties subject to the dispute. Each Party to all disputes submitted for mediation shall pay an equal share of the costs and fees charged by the mediator. . 10. The Client acknowledges that it has secured legal rights to the ,property upon which the project will be developed. The Client further acknowledges and agrees that the type of , selVices to be pefformed by BDA are covered under Florida << 'tatutes 713.03 (Liens for professional selVices) and that the "'c.", non-payment of fees owed under this Agreement may frsult in a mechanic's lien or other encumbrances being placea on the property upOn which the project is/will be located. : II. This Contract shall be governed by and interpreted in accordance with the laws of the State of Florida, and the Parties expressly agree that any mediation proceeding, or any action at law or suit in equity, shall be instituted. and maintained only ~n the Courts of Orange Co~nty, FI~da, and each Party waives the right to change of venue. 'It is agreed by and between the Parties that this agreement'was executed in the State of Florida, United States of Amaica. In the event BD~ retains legal counsel to enforce any of the provisions of thi~ agreement. the Client agrees to pay all reasonable attorneys fees and any ad.ditional attorney 'fees pursuing collection of this judgement. I I I 12. This agreement. and any specified, attachment, or exhibits attached constitute the entire agreement betVfeen . ..' ,', . O:\MARKETING\FEESCH E0\2002. T &C.DOC .~~... BOA and Client and all pron1lScs, representations. understandings, and agreements with the respect to the subject matter hereof and inducements to the making of this agreement relied upon by either Party have been expressed herein, and may not be altered, amended, or modified unless in writing executed by the Parties hereto. 13. Neither this agreement nor any interes.t herein may be assigned by the Client without BOA's prior written consent. No Party shall be liable for delay in the perfonnance hereunder do to causes beyond their control, including. but not limited to. acts of God. flre strikes, acts of war, or the intelVention of governmental authority, but any such failure shall be remedied as soon as reasonably possible: 14. Each Party executes this agreement as an independent contractor and nothing herein shall be construed to fonn a joint venture. partnership, or any similar form of association. 15. In the event of default by Client in the payment of any sum to BDA when due, or in the perfonnance of any of Cli~mt's obligations under this agreement, BDA shall have the right to tenninate this agreement, until such time as the default may be cured. Client shall reimburse BDA for all costs and expenses to enforce collection of any monies from Client. 2 ... ,.. ,"