90-R-16RESOLUTION NO. 90-R-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS OF THE CITY OF
EDGEWATER, FLORIDA, TO EXECUTE THE ATTACHED
AGREEMENT WITH JAMES G. LARUE AND YORK L.
PHILLIPS FOR PROFESSIONAL SERVICES RELATED TO
THE COMPREHENSIVE PLAN; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1: That the City Council of the City of Edgewater,
Florida, authorizes the appropriate officials of the City of
Edgewater, Florida to execute the attached Agreement with James G.
LaRue and York L. Phillips for professional services related to the
Comprehensive Plan of the City of Edgewater.
SECTION 2: A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked "Exhibit A".
SECTION 3: That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
SECTION 4: That this resolution shall take effect immedi-
ately upon'its adoption by the City Council of the City of Edge-
water, Florida, at a RegUlar meeting of said Council held on
the 5 day of March ,199 0 , and approved as provided by law.
This resolution was introduced and sponsored by C„ „„
Fish and was read and passed by a vote of the City Council
of the City of Edgewater, Florida, at a Reg, I n, meeting
of said Council held
on the 5
day of
March , 199�,
and authenticated as
provided
by law.
ROLL CALL VOTE ON RESOLUTION NO. 90-R-16 AS FOLLOWS:
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COUNCILMA�Y'ZONE ONE
a !r Ml
COUNCILMAN - ZONE FOUR
Approveorw
CITY ATTMNEY 0
mm
-2- Res. 90-R-16
AGREEMENT
THIS AGREEMENT, entered into on March 5, , 1990, between the
CITY OF EDGEWATER, hereinafter referred to as the "CITY", and
JAMES G. LARUE and YORK L. PHILLIPS, hereinafter referred to as
the "CONSULTANTS".
WHEREAS, the CITY desires to use the professional services of the
CONSULTANTS to assist in the revision and adoption of the
comprehensive plan and the land development regulations of the
CITY; and
WHEREAS, the CONSULTANTS are qualified and prepared to provide
such professional services;
NOW, THEREFORE, in consideration of the mutual terms and
conditions, promises, covenants, and payments hereinafter set
forth, the CITY and the CONSULTANTS agree as follows:
1. SCOPE OF SERVICES
The CONSULTANTS will provide the necessary assistance using
a two phase approach:
PHASE I:
The first phase involves tasks necessary to revise and
adopt the comprehensive plan according to the schedule set
forth by Chapter 163, Florida Statutes, and in compliance
with the criteria set forth in Rule 9J-5, Florida
Administrative Code. Specific tasks in this phase include:
A. CONSULTANTS will review the "ORC" report prepared by DCA
and the proposed comprehensive plan and will work with staff
to determine needed actions. In addition, CONSULTANTS will
work with staff and divide up specific tasks into those to
be accomplished by the CITY and those to be accomplished by
the CONSULTANTS.
B. The CONSULTANTS will help determine specific responses to
items in the ORC report and help prepare plan amendment
language for consideration during the final adoption of the
plan for those items determined to be the responsibility of
the CONSULTANTS. The CONSULTANTS will coordinate frequently
with staff during this task.
C. The CONSULTANTS will help prepare required responses to
DCA on how the items in the ORC report were addressed for
those items determined to be the responsibility of the
CONSULTANTS.
D. The CONSULTANTS will be available to help explain
recommended changes to the CITY's LPA and Council. At a
minimum this will include at least one general workshop and
at least one LPA and one Council meeting
E. This phase will start immediately and will conclude when
the adopted plan is transmitted. The CONSULTANTS will be
available for further appearances on behalf of the CITY in
hearings or negotiations with DCA and/or other parties,
however, these will be a matter of additional cost.
PHASE II:
This phase involves the revision and adoption of the land
development regulations as required by Chapter 163, Florida
Statutes, as administered pursuant to Rule 9-J29, Florida
Administrative Code. Specific tasks in this phase include:
A. The CONSULTANTS will help establish a comprehensive list
of all actions required under the adopted plan, and will
work with staff to determine which actions will be the
responsibility of the CONSULTANT and which will be staff
responsibility.
S. The CONSULTANTS will work with staff to identify required
specific changes to the land development regulations
(including amendments to existing regulations and additional
new regulations).
C. The CONSULTANTS will write amendments based on the
assignment of responsibility.
D. The CONSULTANTS will assist with adoption phase by being
available for at least one workshop and at least one hearing
each for the LPA and Council.
E. This phase will start as soon as the plan is
finalized for transmittal and will conclude when the revised
land development regulations are adopted.
2. TIME FOR PERFORMANCE
This Agreement shall commence on the date first noted above.
The CONSULTANTS shall complete all services identified under
Phase I by May 1, 1990, and shall complete all services
identified under Phase II by December 1, 1990, unless
extended by written consent of both parties.
3. COMPENSATION AND METHOD OF PAYMENT
Compensation will be $75 per hour plus actual costs for
travel and direct expenses, not to exceed $5,000 for Phase I
services and $10,000 for Phase II services.
All payments will be made pursuant to invoices submitted by
the CONSULTANTS. Invoices will be submitted during and at
the conclusion of each phase at approximately two week
intervals, and will be paid within fourteen days after
receipt by the CITY.
4. PROJECT MANAGEMENT
The project manager for the CONSULTANTS under this Agreement
is James G. LaRue, AICP, of LaRue Planning and
Management Services, located at 4571 Colonial Boulevard,
Suite 108, Ft. Myers, Florida, 33912 (813/275-1113).
The project managqer for the CITY shall be
Mark Karet, Plan. 6 Zoning Difname and title), located at
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the date above first written.
ATTEST: � ^ FOR THE CITY:
Citv Manaeer
March 5. 1920
Date
ATTEST: FOR THE CONSULTANTS:
Date
ADDENDUM
This is an addendum to the agreement between the City of Edgewater and
James G. La Rue and York Phillips for the purpose of revising the Land
Development Regulations of the city and the adoption of a Land Development
Code.
The scope of this work to be completed by the consultants will be in
accordance with the requirements of Section 163.3202 F. S. and 9J-29.005.
Additionally the consultants as subcontractors under the provisions of the
State of Florida Department of Community Affairs are bound to the terms and
conditions of the City of Edgewater's contract with the Department of Community
Affairs and therefore also hold the Department (DCA) and the grant recipient
harmless against all claims arising out of the subcontractors performance.
ATTEST:
me" Po59a, Stara of f wi&
My CommWaa'_xphs Am 17, 19%
e..aw rnry nor re m. mw,a M. iM.
ATTEST:
MY COMMISSION EXPIRES
JANUARY 25, 1992
FOR THE CITY:
Elly J has
City Man. e
Date October 22, 1990
FOR THE CONSULTANTS:
James G. La
ork L. Phillip
Date fib- ICI-�1i�