R2019-72 First Amendment to Land Development Code Consulting ServicesRESOLUTION 2019-72
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING ADDENDUM 1 TO THE CONTRACT
l WITH THE IMAGE NETWORK, INC. D/B/A DOVER, KOHL AND PARTNERS TO
PREPARE A FORM -BASED LAND DEVELOPMENT CODE AND AUTHORIZING
THE MAYOR AND CLERK TO EXECUTE THE ADDENDUM; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2017-110 on December 14, 2017, the Village
Council approved a Contract with The Image Network, Inc. d/b/a Dover, Kohl and Partners ("Dover
Kohl") to prepare a form -based Land Development Code to implement the Village's Master Plan; and
WHEREAS, Dover Kohl has already attended one additional meeting beyond the Scope of Services
outlined in the Contract, and the parties wish to execute an Addendum to the Contract to provide
compensation to Dover Kohl for all additional meetings, as well as additional services on an as -needed
basis; and
WHEREAS, the Village Council determines that the execution of Addendum 1 to the Contract is in the
best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves
Addendum 1 to the Contract with The Image Network, Inc. d/b/a Dover, Kohl and Partners to prepare
a form -based Land Development Code to implement the Village's Master Plan, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the
Addendum on behalf of the Village. The cost of these additional services shall not exceed $48,500,
with funds expended from Account No. A5206-33190 (Community Development/Community
Planning — Professional Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 25' DAY OF JULY, 2019.
(Village Seal)
MAYOR
ATTEST:
k
DEPUTY VILLAGE CLERK
F
North Palm Beach Code Update
ADDENDUM 1: ADDITIONAL SERVICES - INCLUDING ADDITIONAL CODE DISCUSSION
WORKSHOPS AND MEETINGS AND ADDITIONAL CODE DRAFTING
THIS Addendum 1 (this "Addendum") made and entered into this date- , 2019
supplements the Contract (the "Contract") made and entered into through Resolution 2017-110
on December 14, 2017, by and between the Village of North Palm Beach (hereinafter called the
"Village"), and The Image Network, Inc., d/b/a Dover, Kohl & Partners (hereinafter called "DKP"
or "Consultant"), located at 1571 Sunset Drive, Coral Gables, Florida 33143.
ARTICLE I
Scope of Services
SCOPE OF WORK:
During the course of creating the Code Update, additional professional services were
identified, including additional meetings, additional rounds of revisions to accommodate
direction from the Village Council and Planning Commission, and revisions to additional
documents and other code provisions to ensure full internal consistency within the
updated land development regulations. As a result of these unanticipated services,
Dover, Kohl & Partners and its sub -consultant, Spikowski Planning Associates ("Sub -
Consultant") will continue attending and leading Code Discussions and other meetings
to through the adoption hearings and will provide additional code revisions requested by
the Village to finalize the Code Update and to modify other provisions of the code as
requested.
TASK 1 ADDITIONAL WORKSHOPS, MEETINGS, AND ADOPTION HEARINGS
Although adoption meetings were anticipated during the original contract, a series of
Code Discussion Workshops were held between December 2018 and April 2019 with the
Village Council and Planning Commission in place of the originally contracted meetings.
Consultant and Sub -Consultant shall prepare additional materials, attend and lead any
additional code discussion workshops, other meetings, and formal adoption hearings as
part of the approval process for the adoption of the Code Update.
Additional materials needed in preparation for future meetings will be provided
approximately 2 weeks prior to the scheduled workshop or meeting.
Addendum 1— Village of North Palm Beach Code Update
Page 2 of 4
TASK 2 CODE WORK RELATED TO OTHER DOCUMENTS AND OTHER CODE PROVISIONS
Over the course of updating the code in accordance with the scope of the original
Contract, analyses and other revisions were required to update additional documents
such as the Comprehensive Plan in order to keep the Comprehensive Plan and the Land
Development Code in sync with one another. This work included:
• Analyzing the Village's entire Comprehensive Plan; identifying all provisions that
needed to be modified to implement the Village Master Plan; drafting language to
modify objectives and policies; analyzing impediments created by the existing
concurrency policy; and drafting language describing a TCEA strategy that would
be included with the essential comprehensive plan amendments.
• Converting the NBOZ landscape code into a replacement for the rudimentary
Village -wide landscaping regulations.
• Creating a new "site plan and appearance review" process to replace the existing
"certificate of appropriateness" process.
• Creating an illustrative plan and regulating plan for the IHOP site on the Earman
River.
• Analyzing all commercial zoning districts and land assigned to them to determine
which could be collapsed into other districts; revising the districts that would
absorb them to accommodate all existing development; logically renaming all
commercial zoning districts; and creating maps identifying all land to be
rezoned (in response the Village's strong desire to reduce the number of
commercial zoning districts).
• Drafting code language assigning the Board of Zoning Adjustment duties to the
Planning Commission.
TASK 3 ADDITIONAL CODE REVISIONS
It is anticipated that additional code revisions may also be requested by the Village.
Requested revisions may include additional edits, formulation of new alternatives,
revisions to other parts of the code, reformatting and reorganization of the existing code,
etc.
Addendum 1— Village of North Palm Beach Code Update
Page 3 of 4
ARTICLE II
Professional Fee
The Village shall compensate DKP for professional services rendered in the performance of the
Scope of Services in this Addendum or in the service of the Village. The Consultant fees for
Tasks 2 and 3 are based on the hourly rates stated in the original Contract.
Task 1 Additional Workshops, Meetings, and Adoption Hearings
Each Additional Workshop or Meeting, beginning with May 13, 2019: $6,450
Task 2 Code Work Related to Other Documents and Other Code Provisions
Completed Work To Be Invoiced at Hourly Rates: Not to exceed $20,000
Task 3 Additional Code Revisions
Additional Code Revisions will be billed at hourly rates as stated in the Contract.
The professional fee includes reimbursable expenses advanced either in the performance of the
Scope of Services or in the service of Village. The payment of these sums to the consultant
shall be on a monthly basis.
Addendum 1— Village of North Palm Beach Code Update
Page 4 of 4
IN WITNESS WHEREOF, the parties have executed this Addendum:
CONSULTANT
THE IMAGE NETWORK, INC._ D/B/A DOVER, KOHL & PARTNERS
By:
Print Name:
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VILLAGE OF NORTH PALM BEACH
BY: ) �w Q a"
Darryl C. A rey, MAYOR
ATTEST:
BY:
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, 4"ifs"S"PIVILLAGE CLERK
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: �—
BY:
VILLAGE ATTORNEY