2008-05LAND DESICTN INNOVATIONS
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CONSULTING SERVICES AGREEMENT
This AGREEMENT made this ~~~ day of ;J( 2008, by and between the City of
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Clermont, Florida (City), a Florida municipal corporation, 685 West Montrose, Clermont, Florida, 34711 and
Land Design Innovation, Inc. (Consultant), a Florida corporation, 140 North Orlando Avenue, Suite 295,
Winter Park Florida, 32789.
WHEREAS, City desires to have Consultant provide consulting services for preparation of
Community Visioning and Comprehensive Plan update services (the Project) described in Exhibit "A'; and
WHEREAS, Consultant agrees to provide the consulting services described in Exhibit "A", under
the terms and conditions of this Agreement;
NOW THEREFORE, the City and Consultant do hereby incorporate all terms and conditions in
Exhibit "A" and mutuallyagree asfollows:
1. SCOPE OF PROJECT. Consultant agrees to provide planning services under the terms
and conditions described in Exhibit "A".
2. TIME OF PERFORMANCE. The work product described in Exhibit "A" shall be
complete on or before July 30, 2009.
3. REPORTS. Consultant agrees to provide to City progress reports on the Project upon
request by the City and upon completion of the Project.
4. COMPENSATION. The City will pay Consultant a sum not to exceed $144,745.00,
inclusive of all reasonable and necessary direct expenses as described in the cost estimate attached as Exhibit
"A". The City may, from time to time, require changes in the scope of the project of Consultant to be
performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's
compensation and changes in the terms of this Agreement which are mutually agreed upon by and between
City and Consultant shall be effective when incorporated in written amendment to this Agreement.
5. METHOD OF PAYMENT. Consultant shall bill City, and City agrees to pay after
approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70.
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.,
6. CONTACTS FOR RESPONSIBILITY. Pat Tyjeski, AICP, Senior Planner, will be
designated as Project Director for this project by Consultant to manage and supervise the performance of
this Agreement on behalf of Consultant. Associated with the Project Director will be staff members whose
experience and qualifications are appropriate for this Project. The City will be represented by James K Hitt,
Planning and Zoning Director, or his designee for all matters relating to this Agreement.
7. TERMINATION OF AGREEMENT. The City at its sole discretion may
terminate this Agreement by giving Consultant ten (10) days' written notice of its election to do so and by
specifying the effective date of such termination. The Consultant shall be paid for its services through the
effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder,
this Agreement shall be in default, the City may terminate the Agreement, and Consultant shall be paid only
for work completed. Consultant may terminate the Agreement in the event that circumstances beyond the
control of Consultant result in impossibility of performance of the Agreement, including, but not limited to,
dissolution of corporate existence of Consultant.
8. NON-DISCRIMINATION. Consultant shall comply with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act
of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex,
age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which
Consultant has agreed to undertake by and through the covenants and provisions set forth in this Agreement.
There shall be no discrunination against any employee who is employed in the work covered by the
Agreement, or against applicants for such employment, on said grounds. This provision shall include, but
not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training,
including apprenticeship.
9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees and
shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed under this Agreement.
10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend,
indenuufy and hold the City and its officers, employees and agents free and harmless from and against any and
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all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of
every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in
connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without
limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this
Agreement professional liabilityinsurarrce. This provision shall survive the termination of this Agreement.
11. PROPRIETARY MATERIALS; ACCESS TO RECORDS; RIGHTS TO DATA AND
COPYRIGHT. Upon termination of this Agreement, Consultant shall transfer, assign and make available to
City or its representatives all property and materials in Consultant's possession belonging to or paid bythe City.
The City, the Department of State, Division of I~istorical Resources, or any of their duly authorized
representatives shall have access to any books, documents, papers, and records of Contractor which are directly
pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcription.
Consultant shall maintain all required records for five years following the later of final payment by City or
closure of all pending matters. When publications, films, or similar materials are developed, directly or
indirectly, from the Project, any copyright resulting therefrom shall be held by the Florida Department of State,
Division of Historical Resources. Consutant may arrange for copyright of such materials only after approval
from the Department. Any copyright arranged for by Consultant shall include acknowledgement of grant
assistance. As a condition of grant assistance, City has agreed to and has awarded to the Department and, if
applicable, to the United States Government and to its officers, agents, and employees acting within the scope of
their official duties, a royaltyfree, nonexclusive, and irrevocable license throughout the world for official
purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data
covered bythe copyright.
12. REMEDIES, OTHER THAN TERMINATION OF AGREEMENT, FOR
BREACH; ATTORNEYS' FEES AND JURISDICTION. In the event of breach of this Agreement by
either parry, the other patty shall have such aclrnuiistrative, contractual, or legal remedies as provided by this
Agreement, the Code of Ordinances of the City of Clermont, and the laws of the State of Florida. In the event
that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own attorneys' fees and costs, and that jurisdiction for any court action filed regarding this
Agreement shall be in a court of competent jurisdiction in Lake County, Florida.
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13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the date
first above written.
CITY OF CLERMONT, FLORIDA
V s ,/
Haro . Turville, Jr., Mayor
Attest f r City:
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City Clerk
LAND DESIGN INNOVATIONS, INC.
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Tracy L. Cr ~ e, r ident
Attest for LDI:
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fitness
(Corporate Seal
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EXHIBIT ~~A"
SCOPE OF SERVICES
FOR THE
CITY OF CLERMONT
Comprehensive Plan Update
February 15, 2008
The City of Clermont is experiencing a growth surge that can be an asset and a contribution
to the quality of life in the City if the growth is well managed. The City is currently relying
on its Comprehensive Plan, written in 1991 and outdated, to deal with the type of growth
occurring today. Likewise, before much more growth occurs, it is important for the City to
develop a consensus on a vision for how growth should occur in the short and long term
planning horizons, including an annexation plan and how services will be provided.
Additionally, the State has required that the growth management regulations be updated
based on the size of the land parcels requesting annexation into the City, to evaluate the
impacts of these developments on the Cites objectives.
The purpose for this scope of services is to identify the necessary steps associated with
updating the Cites Comprehensive Plan to accommodate new State regulatory requirements.
PROTECT' APPROACH
The following sections identify LDI's approach to the project, which includes: conducting a
community vision workshop; Clermont's Comprehensive Plan update, including review of
the Cites proposed Public School Facilities Element preparation of a Water Supply Plan;
and preparation of the Evaluation and Appraisal Report (EAR). The proposed fee schedule
and timeline for the re-write of the Plan and preparation of the EAR follow the approach.
TASK I. COMMUNITY VISIONING
LDI will conduct facilitate acommunity workshop, to gather public input as described
below.
Task I-1-Data Gathering
The first step in the process is for LDI staff to become familiar with the physical
characteristics of the City and with its existing adopted studies and regulations. Sub-
tasks include:
• Kick off meeting with staff (discuss key planning issues, expectations, purpose,
history of development trends, staff's perception, etc.).
• Field visits with staff.
• Meetings/calls with key stakeholders (property owners, residents, and
organizations, if any, identified by staff).
~~1ND ~ESIGN jNNC)VAT'I(}NS Page 1 of 8
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• Review of current comprehensive plan and recent drafts, along with other
relevant studies, regulations and documents.
• Gathering of data from other jurisdictions (County and adjacent cities) and
agencies (MPO, FDOT, WMD, etc).
Task I-2 -Community Profile
LDI will prepare a brief report outlining the existing conditions in the City, covering
in general terms the following topics:
• Land Use (existing land use, future land use categories, zoning designations,
vacant land analysis)
• Applicable Plans and Regulations (City, County, State or regional agencies}
• Ecological Overview (wetlands, floodplains, habitats, topography, soils,
groundwater, coastal construction restrictions)
• Physical Conditions of the Building Stock
• Urban Form (site layout, building orientation, height, massing, colors, materials,
fenestration, utilities, streetscape, signs)
• Employment Centers and Major Activity Centers (CRAB, shopping/employment
districts, airport, etc.)
• Circulation and Parking
• Landscaping
• Utilities/Service Areas
• History
• Development Trends
• Economic Development Initiatives
• Socio-Economic Characteristics and Trends
Task I-3 -Public Workshop
Once the inventory has been prepared, aworkshop/charrette will be scheduled to
obtain public input. LDI recommends an evening or Saturday morning workshop
and suggests that the City invite, in addition to the general public, stake holder
groups such as neighborhood associations, community organizations, businesses,
housing and development interests, and environmental organizations active in the
area.
LDI will prepare base maps and a PowerPoint Presentation. The workshop will
consist of three parts:
1. Education/Issues. LDI will give a short PowerPoint presentation describing a
general suinmaryof the physical and socio-economic characteristics of the City--
what we have learned through the inventory exercise. The presentation will then
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outline the focus areas to be discussed during the public input session. The
topics to be addressed at the workshop include:
• Future growth in the area based on population forecasts from the Bureau
of Economic and Business Research;
• General information on development rights based on land use and zoning
designations;
• Preservation of open space, environmentally sensitive lands, and
agricultural lands;
• Appropriate locations and design standards for various types of
development;
• Appropriate locations and standards for economic development
opportunities and employment centers;
• Provisions for affordable/workforce housing;
• An efficient, interconnected multimodal transportation system; and
• Opportunities to create land use patterns that accommodate the issues
listed above.
2. Public Input. The second part of the workshop will consist of a hands-on
activity. LDI will have base maps of the City available for the participants to
provide comments, ideas and suggestions. The audience will be divided into
small groups (10 persons maximum) to gather around a base map and provide
graphic and text comments. Each table of 10 or less would be facilitated by an
LDI staff person as group moderator (not to impose ideas but rather to assist the
public on expressing their ideas).
3. Summary Report. After the small group discussion, table representative will
present their ideas and issues. LDI will write the main topics on a large notepad
for everybody to see. When done with the small group comments, LDI will ask
the participants to rank the topics based on priorities. This way, LDI will get a
better idea of the major issues facing the community.
Considering that not everybody likes to speak in front of groups, LDI will also
have a "comments box" available at the workshop for the public to provide
written comments. LDI will provide the comment forms, which can be
completed at the workshop or mailed to LDI at a later date.
Initially, LDI proposes a single public workshop. However, if attendance at this
workshop is less than ten (10) participants, the workshop will be cancelled and
the City will re-advertise the workshop for another date. In the event the
workshop is postponed to another date, the City will not incur additional costs
from LDI.
TASK II. COMPREHENSIVE PLAN UPDATE
The purpose of updating the City's Comprehensive Plan is to address outdated information,
changes in land area and population, as well as changes in development trends, since the
latest plan adoption.
AND ~ESIGN ~I~`NC~VATIONS Page 3 of 8
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LDI's approach to updating Comprehensive Plans ensures the quality of the product,
timeliness and consistency throughout the document. We have several Project Managers
who are qualified to manage the preparation or updates of Plan Elements. However, we
assign one overall Project Director to ensure that all elements receive a quality control
inspection from the same individual. This is necessary to ensure that all the elements are
consistent on a project of this magnitude.
The following scope of services will be undertaken by Land Design Innovations, Inc. to
prepare the Cites Comprehensive Plan update.
Task II-1-Data and Analysis
Update the data and analysis pursuant to the requirements of Rule 9J-5, Florida
Administrative Code, for each required plan element including, but not limited to,
the following:
• Prepare population projections.
• Evaluate the availability of facilities and services to serve existing land uses.
• Evaluate characteristics of vacant or undeveloped lands and determine
suitability for use and where growth can occur.
• Update and streamline the Future Land Use Map (FLUl~~ to appropriately
assign future land use categories within the City. Appendix C will be
incorporated into the Future Land Use Element.
• Address changes that occurred in the State and Regional Plans that impact
Clermont's Comprehensive Plan.
• Address the financial feasibility of providing needed infrastructure to achieve
and maintain adopted levels of service standards and sustain concurrency
through capital improvements.
The final product will be a completely new set of GIS maps, including the Future
Land Use Map, and new data and tables for each of the elements formatted in
Microsoft Word. The data and analysis changes are anticipated to be so
extensive that the product will not be provided in strike throughlunderline
format. The formatting, maps and table layouts will be consistent throughout
the elements.
Task II-2 -Goals, Objectives and Policies
Prepare updated goals, objectives and policies (GOPs) for the 20-year planning
horizon that:
• Address stakeholder and general public participation comments.
• Address, at a minimum, affordable housing, transportation, annexations, and
land use.
• Meet the requirements of the State's Growth Management law, Chapter 163
Florida Statutes, as amended in Senate Bill 360.
• Address Senate Bill 360 regarding schools, water supply, transportation, and
capital improvements.
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Task II-3 -Update of Public School Facilities Element
The City of Clermont is preparing a Public School Facilities Element (PSFE) for
inclusion in the City's Comprehensive Plan per the requirements of Section
163.3180, Florida Statutes, as amended. LDI will review and update the PSFE, if
necessary, prior to its required submittal date of December 2008. LDI will review the
PSFE to verify that it reflects amendments that have been made to the
Comprehensive Plan and that it includes the following:
• Review of the School Board facilityplan;
• Inventory of existing facilities and current service capacity;
• Mapping the locations of the schools within the City and, if available from the
school board, include the general service areas;
• Analyze and project future capacity and facilities needed to accommodate
growth;
• Draft policies necessary to execute identified goals and objectives;
Task II-4 -Water Supply Plan
LDI shall prepare a ten (10)year water supply plan that identifies alternative water
sources recommended by the Water Management District. The Water Supply Plan
will be prepared simultaneously with the Potable Water Element Update. LDI will
work closely with the City's Public Works staff to prepare a financially feasible ten
(10)year capital improvements schedule for public water resources.
Task II-5 -Meet with DCA Prior to Submittal of Amendment Package
LDI will meet with the Department of Community Affairs (DCA) one time prior to
transmittal of the amendment package. At this meeting, we will present the DCA
reviewer(s) a summary of the changes proposed to the FLUM and other elements of
the Comprehensive Plan and solicit suggestions/comments from DCA.
Task II-6 - Assist in Drafting Comprehensive Plan Amendment Ordinance
LDI will assist the City in drafting the Comprehensive Plan Amendment Ordinance;
LDI does not have legal representation on staff; therefore, the City Attorney must
review and approve the ordinance as to legal sufficiency and content.
TASK III. EVALUATION AND APPRAISAL REPORT
The purpose of the Evaluation and Appraisal Report is to identify the successes and/or
shortcomings the City has had in implementing its Comprehensive Plan. The format and
requirements of the EAR is established by the Department of Community Affairs and
legislated by Section 163.3191.
The following tasks will be completed to assist the City with the preparation of the 2009
Evaluation and Appraisal Report.
LAND ~ESICN INNOVATIONS Page 5 of 8
In;;~rporem-A
Task III-1-Major Issues
During the visioning workshop for the Comprehensive Plan, LDI will also develop
the major issues facing the City based on citizen input. These major issues will be
consolidated to limit the focus to at most one or two major issues for review during
the 2009 evaluation of the Plan.
Task III-2 -Scoping Meeting
LDI will facilitate the Scoping meeting with the reviewing agencies on behalf of the
City. The City will be responsible for the invitations to the meeting and the meeting
facility.
Task III-3 - Letter of Understanding
LDI will draft the Letter of Understanding for signature by the Cityafter the scoping
meeting.
Task III-4 -Preparation of the EAR
The fees for the EAR were based upon the following assumptions:
1. The EAR will be submitted immediately after approval of the Comprehensive
Plan, so the data is recent.
2. The State will not require that the EAR analyze the currently adopted plan, but
will accept the data just approved in conjunction with the completely revised
Comprehensive Plan.
3. The State will not require an analysis of the impacts to the Plan related changes
to Rule 9J-5, FAC or Chapter 163, F.S., since the Plan will have just been
completely updated and determined to meet all current requirements of statutes
and codes.
4. The State will allow the analysis of each element to simply state that it was just
updated and no changes are needed to the element for it to either meet State
Statutes and Codes or to further the major issues identified.
Task III-5 -EAR Ordinance
LDI will assist the City in drafting the EAR Ordinance. LDI does not have legal
representation on staff; therefore, the City Attorney must review and approve the
ordinance as to legal sufficiencyand content.
TASK IV. RESPONSE TO THE OBJECTIONS, RECOMMENDATIONS AND
COMMENTS REPORTS (ORC)
LDI is prepared to respond to the ORC reports prepared by the Department of Community
Affairs for the Comprehensive Plan Update and/or the EAR; however, the fee will be
negotiated after receipt of the ORC reports. The fee will be based on the issues addressed in
the specific ORC reports, which will allow an estimate of the extent of detail and additional
data and analysis or maps that will be required to prepare the responses.
LAND DESIGN INNOVATIONS Page 6 of 8
City of Clermont
Comprehensive Plan Complete Re-write
Fee Breakdown
AND ~ESIGN jIvNOVt~TIONS Page 7 of S
City of Clermont
Comprehensive Plan Complete Re-write
Project Schedule
LAND ~ESIGN INNOVATIONS Page 8 of 8
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MEMORANDUM
City of Clermont
Planning & Zoning Department
TO: City Council
Wayne Saunders, City Manager
FROM: James K. Hitt, Planning Director
DATE: February 26, 2008
RE: Comprehensive Plan Update -Contractor Selection and Agreement
The Comprehensive Plan is scheduled for an update this year as part of the approved
budget. An RFQ was sent out, and the ranking was approved by City Council on
January 8, 2008. Land Design Innovation was the top choice in the ranking and by City
staff.
This agreement includes both the full Comprehensive Plan Update for the Data &
Analysis, Goals & Objectives, and maps. This portion is scheduled for transmittal to
DCA in January 2009. The agreement also includes the state required Evaluation and
Appraisal (EAR), which will be required by August 2009.
City staff recommends approval of the attached Consulting Services Agreement with
Land Design Innovations.
L:\JHitt\Budget\2007-08 budget\Comp Plan re-write\MEMO CC2-26-08 LDI Agreement.doc