HomeMy WebLinkAboutItem 05 Approval to Terminate Contract #23-010 with Kimley-Horn & Associates for LDC
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 15, 2025
Item #: 5
Contact Name: Ginger Corless Department Director: Ginger Corless
Contact Number: Ext. 1028 City Manager: Craig Shadrix
Subject: Approval to Terminate Contract #23-010 with Kimley-Horn & Associates to Update
the City's Land Development Code. (Development Services Director Ginger)
Background Summary:
On January 16, 2024, the City executed the agreement with Kimley-Horn & Associates (KHA) to provide
professional services for the City of Ocoee’s Land Development Code (LDC) Update. Following the kickoff
meeting, the consultant held numerous meetings with city staff, as well as reviewed the City's regulations and
pertinent planning studies. KHA delivered their first draft LDC on December 31, 2024. On January 22, 2025,
staff notified the firm that they had found the first draft of the LDC to be unacceptable due to a multitude of
issues, omissions, and inconsistencies. Between January and mid-February, staff from both the City and KHA
met multiple times to review the outline and content. On February 18, KHA submitted a revised first draft of the
LDC. Following its submission, staff continued discussions with KHA regarding the updated draft. Upon
reviewing the document, staff noted that while the reorganization generally aligned with the outline they had
provided, there remain significant issues and apparent misunderstandings between what staff intended to
convey and what KHA delivered.
Therefore, after much discussion among City staff, including the City Manager’s Office, a consensus was
reached to terminate the KHA contract. On April 1, 2025, KHA was notified that City staff would request the
City Commission to terminate the KHA contract on April 15, 2025. KHA was instructed to stop work
immediately by the Development Services Director, except for the time required to package and forward their
work effort to date to the City. Following KHA's final invoice, it is estimated that $56,000 will not be expended
by KHA.
As a reminder, the City Commission has approved a resolution adopting the Pending Legislation Doctrine
(also referred to as the Pending Ordinance Doctrine) in relation to Envision 2045 and the updated Land
Development Code. This resolution serves to notify the public and all relevant parties that the City is actively in
the process of finalizing its new governing policy framework, as outlined in Envision 2045 and the updated
Land Development Code. Consequently, any land development applications submitted after the expiration of
the processing moratorium on March 17, 2025, will be subject to the provisions set forth in Envision 2045 and
the new Land Development Code.
With the Comprehensive Plan draft now complete, and pursuant to the provisions of the Pending Ordinance
Doctrine, staff have the necessary authority and time to finalize the Land Development Code. Staff remain
committed to meeting the target completion date for the LDC by August 2025.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Issue:
Should the Honorable Mayor and City Commissioners authorize the termination of the contract with KHA to
draft the City’s Land Development Code Update?
Recommendations:
Staff respectfully recommend that the Honorable Mayor and Commissioners terminate Contract #23-010 with
Kimley-Horn & Associates.
Attachments:
1. Executed Agreement RFQ #23-010
2. Letter Intent to Terminate
Financial Impacts:
Approximately $56,000 of the $177,000 contract will not be expended by KHA.
Type of Item: Consent
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Mayor
Rusty Johnson
Commissioners
Scott R. Kennedy
District 1
Rosemary Wilsen
District 2
Richard Firstner
District 3
George Oliver III
District 4
City Manager
Craig Shadrix
City of Ocoee ▪ 1 North Bluford Avenue ▪ Ocoee, Florida 34761
407-905-3100 ▪ www.ocoee.org
April 3, 2025
B. Kelley Klepper, Vice President
Kimley-Horn and Associates
1800 2nd Street, Suite 900
Sarasota, FL 34236
Via Email
Re: Notice of Intent to Terminate Contract #23—010
Professional Planning Services for the City of Ocoee’s
Land Development Code
Dear Mr. Klepper:
Please accept this letter as your Notice of the City’s intent to terminate the
contract identified above for Convenience (Article 9 – Termination or
Suspension). The City has not been happy with the work produced by your
firm for some time. On January 22, 2025, we notified your firm, via an email to
Eliza Harris Juliana, that we found the first draft of the LDC to be
unacceptable for a whole litany of issues, omissions, and inconsistencies.
During late January through mid-February, staff from both the City and KHA
met several times to discuss the outline and content. On February 18th, KHA
submitted the revised first draft of the LDC. Again, we held several discussions
with KHA on the revised 1st Draft. Upon our review of the document, we found
the reorganization of the draft seemed to somewhat reflect the outline we
provided; however, we also feel there are still major issues and
misunderstandings between what we feel we had requested and what we
have been provided.
Therefore, after much discussion between City staff, including the City
Manager’s Office, we reached a consensus that we need to terminate the
LDC contract with KHA. Tuesday afternoon (4/1/25) I called Eliza to inform her
of our decision. In that discussion, I requested all LDC work stop immediately.
We plan to take the Request to Terminate the Contract to the City
Commission at their April 15th meeting. A termination letter will be sent
following City Commission approval of termination. In the meantime, we ask
that KHA provide the draft LDC in word and include any related graphics to
the City. Per the contract, the City will compensate KHA for activities
pertaining to the requested deliverable, up to 30 days following City
Commission termination approval.
Respectfully,
Ginger Corless, AICP, CPRP,
Development Services Director
CC: Finance Department
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