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HomeMy WebLinkAbout2024-031BAGREEMENT FOR PLANNING CONSULTING SERVICES by and between INDIAN RIVER COUNTY and PLANNING & ECONOMIC STRATEGIES, LLC. THIS AGREEMENT for PROFESSIONAL CONSULTING SERVICES ("Agreement"), entered into as of this 12- day of February, 2024 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and Planning & Economic Strategies, LLC., whose address is 409 NW Dorset Court, Port St. Lucie, FL 34983 ("Consultant"): WITNESSETH THAT: WHEREAS, the County desires to engage the Consultant to render such assistance and advice for planning services. NOW, THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do mutually agree as follows: I. GENERAL IDENTIFICATION OF SERVICES 1. All professional services provided by the Consultant for the County shall be identified in the Memo dated November 20, 2023 ("Memorandum") and performed in a timely, efficient, cost-effective manner, and in accordance with the current professional standards of the applicable discipline. 2. The final product to be turned over to the County shall be a report that includes an evaluation of our land development review processes that will include processes mapped and recommended improvements, which may or may not include proposed code revisions related to the review process. II. RESPONSIBILITIES OF THE CONSULTANT 1. The Consultant shall abide by all terms and conditions of the Memorandum attached to this Agreement as Exhibit "A" and made part of this Agreement by reference. Should there be any inconsistency and/or discrepancy between Exhibit "A" and what is written in the body of the contract then the body of the contract shall prevail and the language from Exhibit "A" shall be deemed void. 2. The services rendered by the Consultant shall be commenced upon written notice from the County. The Consultant agrees to complete the Project within the time frame specified in four (4) months from that date of written notice from the County to proceed with the ability to extend up to six (6) months upon written request by the Consultant and written consent by the County. FAAttomey\Susan Page 1 3. The Consultant shall submit copies of all proposed changes to the project scope of services for review and approval by the County staff before authorization of any contract change order. After said review and approval by the County, changes shall not be effective unless in writing and properly executed by the parties. The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: 1) in connection with the furnishing of services to the County hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and 2) the Consultant shall comply with all existing requirements concerning discrimination by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. . 6. The Consultant shall designate a representative to keep County staff informed as to all aspects of the project work. The name and address of consultant's designated representative is: Mark Satterlee, 409 NW Dorset Ct, Port Saint Lucie, FL 34983. 7. The Consultant shall have all records and project work accessible for inspection and review by County staff at such time as is mutually agreeable to all parties. 8. The Consultant shall keep and maintain financial, invoice, and employment records pertaining to the contractual obligation between the County and the Consultant for pre - audit and post -audit purposes for a period of three (3) years following the completion of all project work, or until all claims and audit findings involving the records have been received, whichever is later. The County shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcription. 9. The Consultant shall forward all documentation as it pertains to the project to the Planning and Development Services Director, Andrew Sobczak, designated County Project Manager. Address: Indian River County, 1801 27th Street, Vero Beach, FL 32960. 10. It is understood and agreed that all documents, including reports and other data prepared or obtained by the Consultant in connection with its services hereunder, shall be delivered to, and become the property of, the County prior to final payment to the Consultant. 11. In connection with professional services to be rendered pursuant to this Agreement, the Consultant further agrees to: A. Maintain an adequate staff of qualified personnel. B. Ensure that plans meet all current federal, state and local laws, rules, or ordinances applicable to the work. C. Cooperate fully with the County in the scheduling and coordination of all FAAttomey\Susan Page 2 phases of the work. D. Cooperate and coordinate with other County consultants, as directed by the County. E. Report the status of the work to the County upon request and hold pertinent data, calculations, field notes, records, sketches and other projects open to the inspection of the County or its authorized agent at any time. F. Confer with the County during the further development and implementation of improvements for which the Consultant has provided design or other services. G. Interpret plans and other documents; correct errors and omissions and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost within thirty (30) calendar days of notice by the County, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. 12. The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 13. The Consultant is registered with and will use the Department of Homeland Security's E - Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. The Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subconsultants. III. RESPONSIBILITIES OF THE COUNTY 1. The County shall provide the Consultant access to appropriate records, documents, and other materials necessary to complete the project. 2. The County Project Manager shall represent the County in all technical matters pertaining to the work and performance of this Agreement, and his responsibilities shall include: A. Examination of all reports, surveys, and other documents presented by the Consultant and rendering, in writing, decisions pertaining thereto within a reasonable time so as not to materially delay the work of the Consultant. B. Transmission of instructions, receipt of information, interpretation and definition of County policies and decisions with regard to the work covered by this Agreement. C. Transmission of prompt written notice to the Consultant whenever the County observes or otherwise becomes aware of any defects or changes FAAttomey\Susan Page 3 necessary in the project. IV. TIME OF COMPLETION 1. The services to be rendered by the Consultant shall be completed within the time stated in paragraph II, subparagraph 2 of this agreement noted above. The Consultant shall commence work upon it's receiving the Notice to Proceed, unless the Notice to Proceed indicates otherwise. V. TERMINATION 1. This Agreement may be terminated: 1) by the County, for any reason, upon thirty (30) days' prior written notice to the Consultant; or 2) by the Consultant, for any reason following thirty (30) days' prior written notice to the County; or 3) by the mutual agreement of the parties; or 4) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 2. In the event of termination by the County, the County's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed performed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the County up to the time of termination. In the event of such termination, the County may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 3. The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 4. In the event that the Consultant merges with another company, becomes a subsidiary or makes any other substantial change in structure or in the principals or project managers, the County reserves the right to terminate this Agreement in accordance with its terms upon seven (7) days prior written notice. 5. In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the County in connection with this Agreement, of which the County will shall have full ownership thereof. The Consultant shall retain copies of such documents for record purposes. 6. In the event that this Agreement is terminated by either party prior to the Consultant's satisfactory completion of all work as described in any individual Work Orders, the project will be deemed abandoned, and no compensation will be paid by the County to the Consultant for tasks or portions thereof not yet satisfactorily completed. 7. The County may unilaterally cancel this Agreement for refusal by the Consultant to allow FAAttomey\Susan Page 4 public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8. The County may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the County. 9. The Consultant certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, the Consultant certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if the Consultant is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by Section 287.135, Florida Statutes. The County may terminate this Contract if the Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in Section 215.4725, Florida Statutes. V. DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one (1) year after its date of execution, unless this Agreement is terminated by mutual consent of the parties as otherwise provided herein. The performance of specially and properly authorized projects may extend beyond the Agreement's one-year effective term and shall be compensated in accordance with the terms of this Agreement. In addition, subject to the County's sole discretion, this Agreement may be extended by the County for an additional one (1) year beyond the initial one (1) year period of the Agreement, if specifically delegated this authority by the County. VI. AUDIT RIGHTS The County reserves the right to audit the records of the Consultant related to this Agreement at any time during the execution of the work included herein and for a period of three years after final payment is made. Bills for fees or other compensation for services or expenses shall be submitted to the County in detail sufficient for a proper pre -audit and post audit thereof. VIII. TRUTH -IN -NEGOTIATION CERTIFICATE 1. The Consultant warrants that he has not employed or retained any company or person other F:\Attomey\Susan Page 5 than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other consideration, contingent upon or resulting from the award of making of this Agreement. For breach of violation of this warranty, the County shall have the right to terminate this Agreement without liability. 2. Execution of this Agreement by the Consultant shall act as the execution of a truth -in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the County determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants, if any such outside consultants are used with the prior written approval of the County. The County shall exercise its rights under this "Certificate" within one (1) year following final payment. The County has the authority and right to audit Consultant's records under this provision. The County does not hereby waive any other right it may have pursuant to Florida Statutes section 287.055, as it may be from time -to -time amended. IX. ENTIRE AGREEMENT This Agreement and its Attachments hereto embody the whole agreement of the parties, and there are no provisions, terms, conditions, or obligations other than those contained herein. This agreement shall supersede all previous communications, representations, or oral agreements between the parties, and no amendment hereto shall be effective unless reduced to writing and signed by the parties hereto. X. INDEPENDENT CONTRACTOR It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subcontractors of the Consultant are in no way to be considered employees of the County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. XI. SUBCONTRACTING Services assigned to sub -consultants must be approved in advance by the County. The sub - consultants must be qualified by the County to perform all work assigned to them. XII. COMPENSATION AND METHOD OF PAYMENT 1. The County shall pay the Consultant for 20 to 30 hours of work at a rate of $66.67 not to exceed $2,000 per month. Each invoice will document the work performed by the Consultant. Upon submittal of an invoice documenting the completion of all or a portion F:Wttomey\Susan Page 6 of one or more of the Tasks listed in the Memorandum, the County Project Manager will determine if the Tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made for the Task, Tasks, or portions thereof. All payments for services shall be made to the Consultant by the County in accordance with the Florida Prompt Payment Act (Florida Statutes §218.70 et seq.) 2. The County Project Manager shall have the sole right to reduce (or eliminate, in whole or in part) any portion of the services under the memorandum at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be fully compensated for the services already performed and also for the services remaining to be done and not reduced or eliminated. 3. The County Project Manager may, at any time and for any reason, direct the Consultant to suspend services (in whole or in part) under this Agreement. Such direction shall be in writing, and shall specify the period during which services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the County Project Manager may thereafter specify in writing. Where the County has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended services may be subject to modification. The period during which the services are stopped by the County shall be added to the time of performance of this Agreement; provided, however, that any stoppage of services not approved or caused by the actions or inactions of the County shall not give rise to any claim against the County by the Consultant. XIII. INSURANCE AND INDEMNIFICATION 1. The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the County's representative through the County Risk Management Department. 2. The Consultant shall indemnify and hold harmless the County, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the consultant and other persons employed or utilized by the consultant in the performance of this Agreement. 3. The Consultant shall maintain during the term of this Agreement the following insurance: A. Business Automobile Liability Insurance covering all owned, non -owned and hired vehicles with minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for bodily injury and property damage. B. Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with minimum limits of liability of $1,000,000 per occurrence Combined Single FAAttomey\Susan Page 7 Limit for bodily injury and property damage. C. Professional Liability Insurance or Errors & Omissions Liability with minimum limits of $1,000,000 in aggregate. 4. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. All such insurers must have an A.M. Best rating of no less than A -VII. 5. The Consultant shall furnish certificates of insurance to the County prior to the commencement of operations, which certificates shall clearly indicate that the Consultant has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County. 6. Compliance with the foregoing requirements shall not relieve the Consultant of its liability and obligations under this section or under any other portion of this Agreement. XIV. PROHIBITED INTERESTS No member, officer, or employee of the County or of the member governments during his/her tenure or for two years thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. This requirement also applies to any subcontract entered into by the Consultant concerning this project. XV. MISCELLANOUS PROVISIONS 1. The terms of this Agreement may be modified upon the mutual agreement of the Consultant and the County as confirmed in writing. 2. It is mutually agreed between the County and Consultant that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 4. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and F:Wttomey\Susan Page 8 every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments to it and have axed their signatures, effective on the date first appearing above. PLANNING & ECONOMIC STRATEGIES, LLC BY: Mark gattcrlee, Manager WITNE printed name: WITNESS: printed name: 14 1& (Corporate seal is acceptable in place of witnesses) BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: ohn A. Titkanich. Jr. County Administrator Authority by Ordinance No. 2019-016 Approved as to form and legal sufficiency BY: an Deputy County Attorney F:Wttomey\Susan Page 9 Exhibit "A" rs PLANNING & ECONOMIC STRATEGIES TO: John Titkanich, ICMA-CM, AICP, Indian River County Administrator FROM: Mark Satterlee, AICP, Planning & Economic Strategies DATE: November 20, 2023 RE: Scope of Services for Process Improvement Proposal This memo is a proposal for PES to investigate and make recommendations on possible development review process improvements in the Planning Division of the Indian River County Community Development Department. PES will conduct a modified process improvement strategy that includes the following: 1. Process Mapping Meet with Planning Division staff to develop a process map for a typical development review application or applications. Over just a few sessions work to create process map(s) that identify where efficiencies may be obtained along with receiving feedback from the staff on their views and experience with the process. 2. Process Map Data Gathering Gather available data from existing reports or subject matter expert estimations. The process data should then be populated on to the process map(s). Then work with key stakeholders to establish the data -oriented process performance improvement goals (e.g. reduce errors, reduce process time, increase customer satisfaction). 3. Stakeholder Interviews Conduct one-on-one and/or group interviews to determine the areas with the greatest opportunities for improvement based upon the established process improvement goals. 4. Compile Opportunities for Improvement Compile and categorize the opportunities for improvement. Then meet with the County Administrator (and project sponsor or team, if one is assigned) to share current project results and align remaining direction and likely actions with process improvement goals. 5. Develop Recommendations Work with all stakeholders to identify their commendations that will meet the process improvement performance goals identified. Next, categorize the recommendations and meet with the County Administrator (and project sponsor/team) to develop an implementation strategy. Page 2 Recognizing that the development review process can be highly variable depending on the complexity of different development review applications, it is estimated the project should take 4 to 6 months dependent on stakeholder and staff availability. PES proposes that the project begin as soon as practical and can begin work as soon as authorization is received. A December 1, 2023 start date is acceptable, or within 10 business days of execution. The fee is $2,000.00 per month. A continuing contract for the duration of the project is preferred and PES will dedicate the time to complete within the project timeframe. PES will provide the County Administrator timely updates on progress and issues. A W-9 is attached.