HomeMy WebLinkAboutR-2025-116 Chen Moore Resiliency Plan Proposal ApprovalRESOLUTION NO. 2025-116
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC. FOR CREATION OF A RESILIENCY PLAN, RELATED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-004; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City proposed and advertised Request for Qualifications (“RFQ”) No.
25-004 entitled “Resiliency Plan” on the City of Dania Beach’s website, OpenGov, and in the local
newspaper on February 6, 2025, responses were due by March 3, 2025; and
WHEREAS, the Selection Committee met on March 21, 2025, to evaluate and rank the
proposals; and
WHEREAS, based on the Committee’s scores, it was determined that Chen Moore and
Associates, Inc. was the most responsive and responsible proposer; and
WHEREAS, the Community Development Department recommends that the City
Commission award RFQ No. 25-004 to Chen Moore and Associates, Inc. and authorize the proper
City officials to execute an agreement for the planning services for the creation of a resiliency
plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as
being true and correct, and they are made a specific part of this Resolution.
Section 2. That the City Commission awards RFQ No. 25-004 to Chen Moore and
Associates, Inc., and further authorizes the proper City officials to execute a final agreement for
the services of creating the City’s Resiliency Plan, which agreement is attached as Exhibit “A”
and incorporated by reference into this Resolution.
Section 3. That the funds are budgeted each fiscal year and are available and
appropriate in the General Fund Account No. 001-15-01-515-31-10
Section 4. That the City is authorized to exceed the One Hundred Thirty-Eight
Thousand Dollar ($100,038.00) vendor threshold for the services for all years that the agreement
is in effect.
Section 5. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
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Section 6. That this resolution shall be effective l0 days after passage.
PASSED AND ADOPTED on August 26, 2025.
Motion by Commissioner Lewllen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
___________________________________ ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
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PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”), dated ________________________, 2025, is made by and between the CITY OF DANIA BEACH, with an address of 100 W. Dania Beach Boulevard, Dania Beach, Florida 33304 (the “City”) between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania
Beach Boulevard, Dania Beach, Florida 33004 and CHEN MOORE AND ASSOCIATES, INC.
(the “Consultant”), a Florida corporation with a local address of 500 West Cypress Road, Suite 600, Fort Lauderdale, Florida 33309. The Consultant submitted its Proposal dated July 1, 2025 (the “Proposal”) attached as Exhibit “A”
and is incorporated into this Agreement by this reference.in response to the City’s Request for
Qualifications (“RFQ”) No. 25-004, entitled “RESILIENCY PLAN (RE-ISSUE)”, which RFQ is attached as Exhibit “B” and is incorporated into this Agreement by this reference. SECTION 1 – SCOPE OF SERVICES
The scope of services, deliverables, and the total fee breakdown for completing the professional services (“Professional Services”) are outlined in Exhibit “A”. SECTION 2 – COMPLETION SCHEDULE 2.1 Project Schedule The Consultant agrees to complete all Tasks outlined in Exhibit “A” and deliver the required documents to the City in both hard copy and digital formats. This will be done in
accordance with the timelines specified in the Proposal for the completion of each Task, as detailed
in the Proposal. 2.2 Delay
2.2.1. The Professional Services will be carried out in accordance with the Project
schedule or as modified by a written agreement signed by both parties. If the Consultant experiences a delay in completing the Tasks outlined in the Scope of Services due to an act, omission, or negligence by the City, any separate consultant, or contractor hired directly by the City, or due to circumstances beyond the Consultant's control and without any fault or negligence
on the part of the Consultant, the Consultant must provide written notice of the delay to the City
within five (5) working days from the date the delay began. Provided that the Consultant has timely notified the City of the delay and the City has confirmed that an actual occurrence beyond the Consultant's control has taken place, the City
agrees to amend the schedule in writing. This amendment will account for the time lost due to the
delay and will be determined at the City’s sole discretion. This extension of time will be the Consultant's only remedy for such a delay.
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2.2.2. The Consultant acknowledges responsibility for any delay damages incurred by the City due to the Consultant's negligent, reckless, or intentionally wrongful actions or inactions.
If the City experiences or reasonably believes it will experience actual delay damages as a result
of the Consultant's actions or inactions, the City has the right to terminate this Agreement with five (5) days' written notice. This decision shall be made at the City's sole discretion, which must be exercised reasonably and in good faith. Such termination shall not be considered a breach of this Agreement by the City.
SECTION 3 - PROFESSIONAL SERVICES FEE & EXPENSES 3.1 Compensation.
The total amount paid by the City to the Consultant for all Professional Services provided
by the Consultant and any subcontractors under this Agreement shall not exceed the lump sum stated in the Proposal, which is One Hundred Thousand Thirty-Eight Dollars ($100,038.00). This amount covers all reimbursable expenses related to the Tasks outlined in the Scope of Services and will be the only payment made to the Consultant. However, the City will reimburse the Consultant
for all document reproduction costs incurred for submittals to the City.
3.2 Supporting Documents. The Consultant must keep thorough and organized records for all invoiced out-of-pocket
expenses. This includes retaining copies of paid receipts, invoices, or any other documentation that
the City considers acceptable. This documentation should be sufficient to demonstrate that the costs were incurred and were necessary for carrying out the Professional Services.
3.3 Invoices.
3.3.1 Invoices must identify the PO number and Contract Number. 3.3.2 Submit by email. Invoices shall be emailed to:
ap@daniabeachfl.gov Alternatively, invoices may be mailed to:
City of Dania Beach Accounts Payable, 100 W. Dania Beach Boulevard Dania Beach, Florida 33004.
And shall be concurrently emailed to the designated City’s Representative
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3.3.3 Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the City.
3.3.4 Invoices received from Consultant pursuant to this Agreement shall be reviewed and are subject to the prior approval of the City to determine if services have been rendered in conformity with this Agreement.
3.4 Payment.
3.4.1 Electronic Deposit. The City will make payment by electronic deposit (ACH) based on the directions provided to the City from Consultant.
3.4.2. The Fee shall be paid in accordance within thirty (30) days and upon acceptance
of deliverables satisfactory to the City and receipt of a proper invoice from Consultant. 3.4.3. Payment of Fees will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes, as amended, which provides for prompt
payment, interest payments, and dispute resolution provided detailed invoices are submitted in
compliance with the terms of this Agreement. 3.4.4. No payment made under this Agreement shall serve as conclusive evidence of the Consultant's performance of this Agreement, whether in whole or in part. Additionally, no payment
shall be interpreted as an acceptance of the work or as a release of the Consultant's liability for any
defective, faulty, or incomplete delivery of the Professional Services. 3.5 Final Invoice
To ensure both parties can finalize their accounts, the Consultant must submit the final
invoice within four (4) months after the completion of all Professional Services. This final invoice should be clearly marked as "Final Invoice." By doing so, the Consultant certifies to the City that all Services have been properly completed and that all related charges and costs have been invoiced. Any requests for reimbursement or payment of fees that are not included in the final
invoice or that are submitted after the four-month period following the completion of the
Professional Services will be waived by the Consultant. SECTION 4 - TERM
4.1 Term.
This Agreement will begin on the date it is fully executed and will continue until the Tasks and Deliverables outlined in the Proposal are deemed satisfactory by the City and have been delivered.
4.2 Surviving Provisions.
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The indemnity provisions, insurance provisions, right to audit, and all covenants, agreements, and representations made in this Agreement, as well as any written representations
made by the Consultant regarding the disclosure or ownership of documents, will remain in effect
even after the Agreement expires or is terminated. SECTION 5 - MODIFICATIONS TO THE SCOPE The City reserves the right to modify the Scope of Services at any time, which may include
changes, reductions, or additions. When the Consultant receives notification from the City regarding a potential change, the Consultant must, in writing: 1. Provide a detailed estimate of any increase or decrease in the Consultant’s fee and other
design costs that would result from the proposed change.
2. Inform the City of any estimated changes to the completion date. If the City requests in writing, the Consultant shall suspend work on the part of the Scope
of Services affected by the proposed change until the City makes a decision on whether to proceed
with it. If the City decides to implement the change, both parties will sign a written amendment to this Agreement, and the Consultant shall not begin any work related to the change until the amendment is executed.
It is also understood that changes to Deliverables or revisions of studies that do not alter
the overall estimated timeline shall be regarded as mere substitutions of work already included in
the fee (“Substituted Services”). Substituted Services will not be considered compensable as
additional expenses. If Substituted Services result in a reduction of the overall service time outlined
in the Fee Schedule, this will lead to a proportional reduction in the fee. SECTION 6 - REPRESENTATIONS OF THE CONSULTANT 6.1 Authority. Consultant hereby represents to the City that it has full power and authority to enter into and fully perform its obligations under this Agreement without the need for any further corporate
or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it.
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6.2 Duly Licensed.
Consultant represents that it is duly licensed in Florida to perform the Professional Services
under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 6.3 No Solicitation.
Consultant represents that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift,
or any other consideration contingent upon or resulting from the award or making of this
Agreement. In the event of a breach or violation of this provision by Consultant, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
6.4 Convicted Vendor List. Consultant represents that the execution of this Agreement will not violate Section 287.133, Florida Statutes and certifies that Consultant and any parent corporations, affiliates, subsidiaries,
members, shareholders, partners, officers, directors or executives, and any sub-consultants have
not been placed on the Convicted Vendor List maintained by the State of Florida within 36 months prior to the submittal of the Proposal to under this RFQ. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from City's competitive procurement activities.
6.5 Discriminatory Vendor List. In accordance with Fla. Stat. Sec. 287.134, Consultant represents that it has never been placed on the Discriminatory Vendor List, kept by the Florida Department of Management
Services. Violation of this section may result in termination of this Agreement and recovery of all
monies paid hereto, and may result in debarment from City's competitive procurement activities. 6.6. Scrutinized Companies List.
Pursuant to Fla. Stat. Sec. 287.135, Consultant represents that Consultant is not on the
Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. Consultant further represents that it is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business activities in Sudan or Cuba. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto
and may result in debarment from City's competitive procurement activities.
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6.7 E-Verify.
6.7.1 In compliance with Section 448.095, Fla. Stat., Consultant shall utilize the U.S.
Department of Homeland Security’s E-Verify system to verify the employment eligibility of new employees hired by Consultant during the term of this Agreement. Consultant shall require all subcontractors performing services under this Agreement to verify the employment eligibility of new employees hired by the subcontractor during the term of this Agreement. Consultant shall
require each of its subcontractors to provide Consultant with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement.
6.7.2 The City, Consultant, or any subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Consultant acknowledges that upon termination of this Agreement by City for a
violation of this section by Consultant, Consultant may not be awarded a public contract for at
least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. 6.7.3 Consultant or its subcontractor shall insert in any subcontracts the clauses set forth
in this section and shall require subcontractors to include these clauses in any lower tier
subcontracts. 6.8 Standard of Care.
The standard of care for all Professional Services performed or furnished by the Consultant
under this Agreement will be the care and skill ordinarily used by members of the Consultant’s profession practicing under similar circumstances. 6.9 Standard of Conduct.
The implied covenant of good faith and fair dealing under Florida law is expressly adopted.
6.10 Compliance with Laws.
In performing Professional Services under this Agreement, the Consultant must comply
with all relevant federal and state laws, as well as any applicable County and City ordinances and
regulations. 6.11 Ethics Provisions; No Conflicts of Interest.
6.11.1 Consultant represents that it has not given or accepted a kickback in relation to this Agreement and has not solicited this Agreement by payment or acceptance of a gratuity or offer
of employment.
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6.11.2 Consultant represents that it has not solicited this Agreement by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or
selection committee.
6.11.3 Consultant represents that it does not and will not employ, directly or indirectly, the mayor, members of the City commission or any official, department director, head of any City agency, member of any board, committee or agency of the City, or any other City employee without prior approval.
6.11.4 Consultant represents that it does not employ, directly or indirectly, any official of
the City. Consultant represents that it does not employ, directly or indirectly, any employee or member of any board, committee or agency of the City who, alone or together with his household members, own at least five percent (5%) of the total assets and/or common stock of Consultant.
6.11.5 Consultant represents that it has not knowingly given, directly or indirectly, any
gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of
the City commission, any department director or head of any City agency, any employee of the City or any City agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Consultant or its business.
6.11.6 Consultant represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this Agreement. The Consultant further represents that no person having any such interest shall be employed or engaged by it to provide the Professional Services. 6.11.7 Consultant, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship, business association or other circumstance which may influence or appear to influence Consultant’s exercise of judgment or quality of the Professional Services being provided under this Agreement. Consultant, its officers, personnel, subsidiaries and subcontractors shall not perform consulting work for any third party that would in any way be in conflict with the Professional Services to be
provided to the City under this Agreement. 6.11.8 Consultant, its officers, personnel, subsidiaries and subcontractors shall not, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding unless compelled by court process. Further, Consultant agrees that such persons shall
not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City or in connection with any pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding.
6.11.9 Consultant shall promptly notify the City in writing by certified mail of all potential conflicts of interest, or any event described in this Section. Said notification shall identify the prospective business interest or circumstance and the nature of work that Consultant intends to undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by Consultant. The City agrees to notify Consultant by certified mail of its opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
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City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Consultant, the City shall so state in its opinion and Consultant may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Consultant under this Agreement. 6.11.10 In the event Consultant is permitted to utilize subcontractors to perform any services required by this Agreement, Consultant agrees to prohibit such subcontractors, by written
contract, from having any conflicts as within the meaning of this section.
6.12 Financial Capability. Consultant certifies that Consultant has not filed for bankruptcy in the past five (5) years
and is financially able to provide Professional Services under this Agreement. Consultant further
represents that it has no obligation or indebtedness that would impair its ability to meet the completion dates or schedules to be established by the Project Schedule and this Agreement. 6.13 No Felony or Fraud.
Consultant certifies that neither Consultant nor any of Consultant’s principals have been indicted for or convicted of a felony or fraud. SECTION 7 – RESPONSIBILITIES OF THE CITY
7.1 Designation of Representative. The City agrees to designate an individual to act as the City’s representative with respect to the Professional Services to be rendered under this Agreement, provided that such representative
shall not have the authority to amend or modify this Agreement. Such person shall have the
authority to transmit instructions, receive information and define the policies and decisions of the City with respect to Consultant’s Professional Services. 7.2 Specification of City Requirements.
The City agrees to provide information as to the City’s requirements for the Project or task or under this Agreement. 7.3 Items to be furnished upon the Consultant’s Request.
The City’s designated representative will make reasonable efforts to provide the Consultant with the following information upon request, including previous reports, studies, and any other data related to the Project.
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7.4 Attendance at Meetings.
The City agrees that a representative will attend regularly scheduled Project progress
meetings, when requested, at either the City or the Consultant’s local office. Additionally, the Consultant’s Project Manager or a key team member will attend all regularly scheduled community engagement meetings and Project coordination meetings.
SECTION 8 – DOCUMENTS 8.1 Ownership of Documents. All deliverable documents, including technical specifications, sketches, photographs,
videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files, and
reports prepared or obtained under this Agreement, along with all collected data and any derived summaries or charts, will be classified as works made for hire. Upon payment of the associated fee by the City, these materials will become the exclusive property of the City without any restrictions or limitations on their use.
The City will have access to these documents upon request and/or upon completion or termination of this Agreement. The City will not incur any additional charges for these documents and records. They will be provided in both hard copy and digital formats. Once delivered, the City will serve as the custodian of these documents in accordance with Chapter 119 of the Florida
Statutes.
The Consultant agrees not to copyright any materials or products, nor to patent any inventions developed under this Agreement. The Consultant specifically waives and releases all rights they may have in the materials, products, or inventions pursuant to 17 U.S.C. §§ 106A and
113(d). The Consultant acknowledges that this waiver and release, under 17 U.S.C. § 106A(e),
shall apply to any and all foreseeable and unforeseeable uses of such materials, products, or inventions. Furthermore, the Consultant waives and assigns to the City all copyrights under 17
U.S.C. § 101 et seq., as well as all other rights related to the materials, products, inventions, and
any works produced. If the City chooses to reuse the Consultant's prepared documents for purposes other than those specified in this Agreement, it will do so at its own risk, with no liability or legal exposure to the Consultant or its sub-consultants.
8.2 Obligation to Furnish Documents to the City. The Consultant must submit all documents and materials created for the City in connection with this Agreement, both in hard copy and digital format, for approval and acceptance. This submission is required before the Consultant is eligible for final payment of any amounts owed
under this Agreement.
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8.3 Consultant’s Records.
Notwithstanding any other provision in this Section, Consultant shall be entitled to retain
a copy of all plans, drawings, calculation, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, for Consultant’s
records only as is necessary for Consultant to document its Professional Services. Consultant
acknowledges that plans, drawings, documents, and records related to the physical security of City facilities or security systems are exempt or confidential records and shall not be disclosed by Consultant, except as authorized by law and specifically authorized by City.
SECTION 9 – RESERVED SECTION 10 – INSURANCE REQUIREMENTS 10.1 Insurance.
The Consultant shall not commence services under an Agreement until it has obtained all insurance required under this paragraph and as required by the Agreement, and not until such time that the coverages are approved by the Risk Manager of the City. The Consultant shall not allow any employee of Consultant or any subcontractor to commence services on any subcontract until the
subcontractor and all coverages required of any subcontractor have been obtained and approved
by the Risk Manager of the City. In addition, the Consultant shall be responsible for any and all policy deductibles and self-insured retentions. The following are requirements that must be met regarding the Consultant’s delivery of
Certificates of Insurance for all coverages required in the Agreement and Proposal Documents:
10.1.1 “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Selected Proposer”, then the
City has the right to consider the awarded Agreement to the successful Proposer as void and to
negotiate a contract with the next best qualified Proposer. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates.
10.1.2 All Certificates of Insurance must clearly identify the contract to which they pertain,
including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then the Consultant is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in writing.
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10.1.3 Coverages shall be in force until all services required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced
by the formal written acceptance by the City. In the event insurance certificates provided to City
indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Consultant shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any
extension of it, and including any applicable warranty period, is in effect. THE CONSULTANT AND ANY APPROVED SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE SERVICES PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A
TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE RFQ DOCUMENTS CONCERNING DELAY. 10.1.4 Insurance Requirements: The Consultant shall secure and maintain throughout the
duration of the Agreement, insurance of such types and in such amounts not less than those
specified below as satisfactory to City naming the City as Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Consultant as it deems necessary or prudent. a) Commercial General Liability coverage with limits of liability of not less than a
$1,000,000.00 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000.00 each.
b) Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable state and federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to
provide services pursuant to this RFQ who is not covered by Workers Compensation
insurance. c) Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non-Owned Vehicles. d) Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit.
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Coverage shall apply for a minimum of three years following completion of the services. The
above are minimum requirements for projects up to $100,000.00.
For projects over $100,000.00, the following increased limits are required:
• General Liability: $2,000,000.00 Per Occurrence/$4,000,000 Aggregate
• Automobile Liability: $2,000,000.00
• Professional Liability: $3,000,000.00 Per Occurrence SECTION 11 – STANDARD TERMS AND CONDITIONS
11.1 Consultants Competitive Negotiation Act. The parties confirm that the procurement of the Professional Services under this Agreement was the subject of the competitive selection and negotiation processes mandated by Section
287.055, Florida Statutes, unless specifically exempted from it. 11.2 Personnel; Staffing; Sub-contractors. 11.2.1 Independent Contractor Relationship. All persons employed by Consultant and
engaged in any of the work or Professional Services performed by Consultant pursuant to this Agreement shall at all times be subject to Consultant’s sole direction, supervision, and control. Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects Consultant’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City,
regardless of whether the Consultant’s personnel work on-site. Consultant does not have the power or authority to bind the City in any promise, agreement or representation other than as may be specifically provided for in this Agreement. Consultant shall be responsible to the City for all Professional Services or work performed by Consultant or any person or firm engaged as a sub-consultant or subcontractor to perform work in fulfillment of this Agreement.
11.2.2 Personnel. The Consultant acknowledges that the CMA team will include Brizaga and Stantec. Additionally, the CMA project team identified during the Host Kickoff Meeting will remain
assigned to the Project, unless the City specifically agrees to any changes. All personnel involved in providing the Professional Services will be fully qualified and, if necessary, licensed or permitted in accordance with all applicable federal, state, and local laws and regulations. 11.2.3 Non-Discrimination by Consultant. The Consultant represents that all of its
employees and applicants for employment are treated equally without regard to race, color, religion, sex, sexual orientation, gender identity or expression, genetic information, national origin, age, disability, familial status, or marital status, and that in providing services, Consultant does not discriminate with regard to any of the aforementioned factors.
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11.2.4 Prohibited Persons. Neither Consultant nor any of its respective officers, directors, shareholders, partners, members or affiliates (including without limitation indirect holders of
equity interests in Contractor) is or will be an entity or person subject to the provisions of Executive
Order 13224, as amended, or is subject to sanctions of the United States government or is in violation of any federal, state, municipal or local laws, statutes, codes, ordinances, orders, decrees, rules or regulations relating to terrorism or money laundering, or who is otherwise affiliated with any entity or person listed above.
11.2.5 Selection of Sub-Contractors. The Consultant must obtain prior written approval from the City for each proposed subcontractor. The City reserves the right to reject any specific subcontractor to perform under this Agreement. If there is a need to replace a subcontractor in order to complete their portion of the services, the Consultant shall do so promptly. This
replacement is also subject to the City’s prior written approval and acceptance of the new
subcontractor, which shall not be unreasonably withheld. 11.3 State Taxes.
Consultant understands that in performing the Professional Services for the City,
Consultant is not exempt from paying sales tax to Consultant’s suppliers for materials required for Consultant to perform under this Agreement. Consultant shall not be authorized to use the City’s tax exemption number for purchasing supplies or materials.
11.4 Availability of Funds.
This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. By law, the City shall not expend any money under any contract in excess of the amounts budgeted for such expenditure during the specific fiscal year. If funding for this Agreement is in
multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing
in this paragraph shall prevent the making of agreements with a term of more than one year, but any agreement so made shall be executory only for the value of the Professional Services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24)
hours’ notice to Consultant. The City shall be the sole and final authority as to the availability of
funds. 11.5 Reserved.
11.6 Public Records Law. 11.6.1 Consultant shall comply with Chapter 119, Florida Statutes, regarding public records. Consultant shall keep and maintain all documents, correspondence, reports, computer files, emails, plans, drawings, calculations, technical specifications, sketches, photographs, videos,
illustrations, tracings, specifications, maps, etc., prepared in order to perform the services under
this Agreement.
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11.6.2 Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed. Records that are exempt or confidential
and exempt from public records requirements may include plans, drawings and records related to
the physical security of City buildings or security systems and shall not be disclosed by Consultant, except as authorized by law and specifically authorized by City. 11.6.3 A request to inspect or copy public records relating to this Agreement must be made
directly to the City. If the City does not possess the requested records, the City shall immediately
notify the Consultant of the request, and the Consultant shall provide the records to the City or allow the records to be inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must be provided to the City, upon request, in a format that is compatible with the information technology systems of the City.
Failure of the Consultant to provide public records to the City within a reasonable time or allowable
cost may be subject to penalties under Sec. 119.10, Fla. Stat., and may be cause for termination of the Contract by the City, in addition to any other remedies available under the Contract or by law. 11.6.4 Upon completion of the Agreement, Consultant shall transfer, at no cost, to the City
all public records in possession of Consultant. Consultant shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CLERK, ELORA
RIERA, WHO IS THE CITY’S CUSTODIAN OF PUBLIC RECORDS, AT:
Office of the City Clerk City of Dania Beach 100 W. Dania Beach Boulevard
Dania Beach, FL 33004
954-924-6800, Ext. 3623 Eriera@daniabeachfl.gov
11.7 Confidentiality Consultant agrees that it will make no statements, press releases or publicity releases
concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any
of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the City and securing its consent in writing.
11.8 No Pledge.
Consultant shall not pledge the City’s credit or attempt to make the City a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any other form of indebtedness.
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11.9 Indemnification. Consultant agrees to indemnify and hold harmless the City, its officers, agents 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 Consultant and any other persons employed or utilized by Consultant in provision of the Professional Services under this Agreement. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABLE FOR NEGLIGENCE.
To the extent considered necessary by the City, any sums due Consultant under this Agreement
may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed to require Consultant to
indemnify the City for the negligence or intentional acts of the City, its employees or agents.
Nothing in this Agreement shall be deemed to be a waiver of the City’s sovereign immunity under Section 768.28, Florida Statutes and City and Consultant also agree that any liability of City under this Agreement shall be limited to the amounts established in Section 768.28, Florida Statutes. This clause shall survive the expiration or termination of this Agreement.
11.10 Force Majeure Any deadline provided for in this Agreement may be extended, as provided in this paragraph, if the deadline is not met because of one of the following conditions occurring with respect to that
particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action,
flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with, or as agreed in writing between the parties, provided that the party so affected
shall demonstrate and proceed with efforts to remedy or remove such causes of non-
performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 11.11. Termination.
11.11.1 Either party may terminate this Agreement for cause in the event that: (1) the other party violates any material provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of its obligations hereunder, upon written notice to said defaulting party five (5) calendar days prior to termination.
11.11.2 In the event this Agreement is terminated by the City for cause, the City may take over the Professional Services and complete them by contracting with another consultant (s) or otherwise, and in such event, Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. “Additional Cost” is defined as the difference between the
actual cost of completion of such incomplete Professional Services and the cost of completion of
such Professional Services which would have resulted from payments to Consultant had this Agreement not been terminated.
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11.11.3 The City shall have the right to terminate this Agreement, in whole or in part, without cause, upon five (5) days written notice to Consultant, when the City determines that
continuation of this Agreement would not produce beneficial results commensurate with the
expenditure of public funds. 11.11.4 The City reserves the right to cancel this Agreement for failure by the Consultant to comply with the Public Records provisions of Chapter 119, Florida Statutes.
11.11.5 Upon termination, Consultant shall immediately assemble and deliver all
documents, drawings, signed and sealed drawings, Construction Documents, Technical Specifications, CADD files, calculations, specifications, correspondence, testing and materials information, warranties, manuals, written information, electronic data and all other materials in its possession concerning the Professional Services under this Agreement and City projects to the
City.
11.11.6 In the event of termination, Consultant, upon receipt of the notice of such termination, shall: (1) stop the performance of the Professional Services on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts except as
may be necessary for completion of any portion(s) of the Professional Services not terminated and
as authorized by the written notice; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Professional Services terminated by the notice of termination; (4) transfer title to the City (to the extent that title has not already been transferred) and deliver according to the manner, at the times, and to the extent directed by the City, all property purchased
under this Agreement and reimbursed as direct items of cost and not required for completion of
the services not terminated; (5) promptly assemble and deliver as provided above all documents related to this Agreement; (6) promptly complete performance of any Professional Services not terminated by the notice of termination and/or cooperate in transition of its consulting duties to appropriate parties at the direction of the City.
11.11.7 In the event of termination, the City shall compensate Consultant for all
authorized Professional Services satisfactorily performed through the termination date, and for costs incurred, under the payment terms contained in this Agreement. In the event of Termination for Cause, no payments to Consultant shall be made (1) for Professional Services not satisfactorily performed and (2) for assembly of and submittal of documents as required under this Agreement.
In no event shall City be obligated to compensate Consultant for lost profits, or any resulting or
consequential damages. 11.11.8 Upon termination, this Agreement shall have no further force or effect and the parties shall be relieved of all further liability under this Agreement, except that the provisions of
this section and the provisions regarding termination, the right to audit, property rights, insurance,
indemnification, governing law and litigation shall survive termination of this Agreement and remain in full force and effect. 11.12 Communications and Notice.
Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in
17
compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice:
City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Consultant: Jennifer Smith, Principal Engineer. Chen Moore and Associates, Inc. 500 West Cypress Creek Road, Suite 600
Fort Lauderdale, Florida 33309
11.13 Performance of Government Functions. Notwithstanding anything in this Agreement to the contrary, nothing contained in this
Agreement shall in any way stop, limit or impair the City of Dania Beach from exercising or
performing any regulatory, policing, legislative, governmental or other powers or functions with respect to any project. 11.14 Litigation; Governing Law; Venue; Waiver of Jury Trial.
This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. The City and Consultant submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Broward
County, Florida, or the Federal Southern District of Florida. Consultant agrees to waive all
defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 11.15 Waiver of Jury Trial.
THE CITY AND CONSULTANT HEREBY MUTUALLY KNOWINGLY,
WILLINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE “PARTIES”) SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR
ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS
AGREEMENT, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH
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A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN
FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS
IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONSULTANT HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN
ALL INSTANCES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT. 11.16 Remedies.
No remedy conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy granted by this Agreement or now or hereafter existing at law or in equity or by stature or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof.
No provision of this Agreement is intended, nor shall be construed to, create any third-party beneficiary or provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or any employee of the City or Consultant.
11.17 Inspector General.
Consultant is aware that the Inspector General of Broward County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement and may demand and obtain records and testimony from the Consultant and its subcontractors and
lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination.
11.18 Time of Essence. Time shall be of the essence for each and every provision of this Agreement. 11.19 Waiver.
11.19.1 Any waiver by either party of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement.
11.19.2 Nothing in this Agreement shall be interpreted to constitute a release of the
responsibility and liability of Consultant, its employees, sub-contractors, agents and sub-consultants for the accuracy and competency of their work product.
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11.20 Headings.
The headings contained in this Agreement are provided for convenience only and shall not
be considered in construing, interpreting or enforcing this Agreement. 11.21 Counterparts; Electronic Signatures.
This Agreement may be executed in one or more counterparts, each of which shall be deemed
to be an original; and such counterparts will constitute one and the same instrument. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.
11.22 Severability of Provisions. In the event that any term or provision of this Agreement shall to any extent be held invalid or unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected and every other term and provision of this Agreement shall be
deemed valid and enforceable to the maximum extent permitted by law. 11.23 Assignment.
This Agreement may not be assigned by Consultant without the written authorization of
the City after City’s determination of the ability of the assignee to perform the Professional Services. Authorization may be withheld or delayed in the City’s sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
11.24 Attached Exhibits The following Exhibits and Forms are attached to this Agreement and incorporated into and made a part of this Agreement:
Exhibit A - Consultant’s Scope of Service and Fee Schedule Exhibit B – Request for Qualification No. 25-004, “Resiliency Plan 11.25 Entire Agreement; Controlling Provisions; Amendment.
11.25.1 This Agreement, including the RFQ, the Proposal, and Exhibits which are incorporated into this Agreement in their entirety, embody the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter.
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11.25.2 Except as otherwise specifically provided in this Agreement, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of
the RFQ and/or Proposal, the provisions shall be given precedence in the following order: (1) this
Agreement, (2) the Proposal; and (3) the RFQ. Wherever possible, the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents.
11.25.3 This Agreement may only be modified by written amendment executed by the City
and Consultant. Any amendments to this Agreement: (1) shall be subject to the mutual written agreement of the parties; (2) shall be in the form of numbered amendments; (3) shall be executed by both parties; and, (4) shall become part of the public records of the City. It is expressly understood, moreover, that no oral discussions, assents or representations shall constitute an
enforceable amendment to this Agreement unless it is reduced to writing in accordance with this
paragraph.
[Signatures on following page.]
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER
EVE A. BOUTSIS
CITY ATTORNEY
22
WITNESSES: CONSULTANT: Chen Moore and Associates, Inc.
a Florida corporation
Signature Signature
PRINT Name PRINT Name Title
Signature
Dated: ___________________, 2025 PRINT Name
STATE OF FLORIDA) COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me by means of ☐ physical presence or by ☐
online notarization, on , 2025, by Jennifer Smith as Principal Engineer of
Chen Moore and Associates, Inc., on behalf of the corporation. She is personally known to me or
has produced as identification.
Notary Public, State of Florida
Print Name My Commission Expires:
For more information, please visit our online supplier portal, located at
https://procurement.opengov.com/portal/daniabeachfl
City of Dania Beach
25-004
RESILIENCY PLAN (RE-ISSUE)
RELEASE DATE: February 6, 2025
RESPONSE DEADLINE: March 3, 2025, 12:00 pm
Please refer to the project timeline in this document for all important deadlines.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
2
Table Of Contents
1. NOTICE TO PROPOSERS
2. OVERVIEW
3. SCOPE OF SERVICES
4. SUBMISSION REQUIREMENTS
5. EVALUATION CRITERIA AND PROCEDURES
6. INSURANCE REQUIREMENTS
7. TERMS AND CONDITIONS
8. VENDOR QUESTIONNAIRE
Attachments:
A - EXHIBIT_“A”_Proposers_Qualification_Statement
B -
EXHIBIT_“B”_City_of_Dania_Beach_Florida_Sworn_Statement_Under_287.133_3A_Florida_Statute
s_Public_Entity_Crimes
C - EXHIBIT_“C”_-_Non_Collusion_Affidavit
D - EXHIBIT_“D”_Drug-Free_Workplace_Certification_Form
E - EXHIBIT_“E”_Acknowledgment_of_Addenda
F - EXHIBIT_“F”_Reference_List
G - EXHIBIT_“G”_Certification_to_Accuracy_of_Proposal
H - EXHIBIT_“H”_Affidavit_of_Compliance_with_Anti-Human_Trafficking_Laws
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
3
1. NOTICE TO PROPOSERS
CITY OF DANIA BEACH, FLORIDA
REQUEST FOR QUALIFIATIONS (“RFQ”) FOR
Resiliency Plan (Re-Issue)
25-004
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting sealed Proposals
for Resiliency Plan (Re-Issue), 25-004”.
Proposals will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Monday, March 3, 2025, at 12:00 pm. Proposals
received after this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements until the
response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/144720.
All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals
or entities responding to City bids.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
4
2. OVERVIEW
The City of Dania Beach (“City”) is soliciting Proposals from interested persons, firms, or both for the provision
of the services described in this RFQ. Through a Request for Qualifications process described in this document,
persons and firms interested in assisting the City in provision of such services must prepare and submit a
qualifications packet in accordance with the procedure and schedule in this RFQ. The City will review submittals
only from those persons and firms that submit a Request for Qualifications packet which includes all the
information required to be included as described in the RFQ.
In order to be considered, persons, consulting firms or team joint ventures must demonstrate specific experience
and capabilities in all related areas for which they seek to perform work as described. Consultants should also
be familiar with the standards, practices, requirements, and applicable ordinances of the City of Dania Beach.
The City intends to select a firm capable of providing services necessary to complete the services required by
the City as outlined in this RFQ.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
5
3. SCOPE OF SERVICES
3.1. INSTRUCTIONS TO PROPOSERS
The following instructions are given as guidance to Proposers in properly preparing their Proposals to this Request
for Qualifications for Consultant Services that are to be provided to the City of Dania Beach, Florida (the “City”).
3.2. SCOPE OF SERVICES
The scope of services is a general guide to the work the City expects to be performed by the Consultant(s) and
is not a complete listing of all services that may be required or desired. In accordance with Florida State Statute
287.055, known as the “Consultants’ Competitive Negotiation Act” (the “CCNA”), the City is seeking
professional services from qualified firms who or which will work with city staff, regional agencies, and other
experts to develop a robust and innovative Resiliency Plan that will:
o Develop the framework that will set direction and overall goals for the City.
o Suggests initial priority action steps and proposes high-level implementation pathways to achieve
them. (These suggestions of implementation should be compatible with the Southeast Florida
Regional Climate Change Compact and deliver on the City’s NetZero Action Pledge).
o Provide various climate change scenarios and solutions that will demonstrate how the City will adapt
and improve its resiliency to current and future climate hazards that may impact the city now and in
the future.
o Provide an evaluation of the City’s existing plans and programs and recommend opportunities to
create more value in emission reduction and sea level rise strategies.
o Detail the City’s governance powers, short and long-term sustainability budget parameters matched
to set goals and capacity, as well as identify the partners who need to be engaged in order to
accelerate the delivery of the mitigation targets and resilience goals.
o Provide recommendation to City policy and procedures, which may include amendments to the
City’s Strategic, Comprehensive Plan, Land Development Regulations, the City’s vehicle purchasing
policy, Green Advisory Board’s roles and responsibilities, etc.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
6
4. SUBMISSION REQUIREMENTS
4.1. POSTPONEMENT AND EXTENSION OF DATE FOR SUBMITTING PROPOSALS
The City reserves the right to postpone and extend the date for the receipt of Proposals and will give ample
notice of any such postponement and extension to each known prospective Proposers.
4.2. PROPOSAL REQUIREMENTS
Proposers shall, as a minimum, include the following information with the submittal of its Proposal:
A. Business Structure: Provide a description of the general capabilities of the Proposer, including
information relating to the total size and staffing, professional staff, resources, and clerical support;
Provide résumés of all key personnel who may be assigned to perform the requested services.
B. Relevant Experience: Provide a list of five (5) similar contracts for services within the last five (5)
years provided to other municipalities, together with current contact names and telephone numbers with
each municipality; contact persons must be able to speak about the performance of the Proposer. The
form for the submission of the information is attached as Exhibit “A” and is made a part of and is
incorporated into this RFQ by this reference.
C. Litigation: Provide a listing of all lawsuits or proceedings involving the Proposer within the past ten
(10) years, including case names and numbers, courts, nature of the actions and disposition or status of
each case.
D. Equal Opportunity Statement: A statement that the Proposer is an equal opportunity employer and
that it does not and will not discriminate against any person, employee, or applicant for employment on
account of age, race, creed, religion, color, sex, sexual orientation, disability, national origin, marital
status, or political affiliation.
E. Minority/Women’s Participation: The City of Dania Beach, in accordance with the requirements as
stated in U.S. Code of Federal Regulations, 2 CFR 200.321, encourages the active participation of
minority businesses, women‘s business enterprises and labor surplus area firms as a part of any
agreement whenever possible. The Proposer must take affirmative steps and if subcontracts are to be let
through a Proposer, the subcontractor is required to also take the affirmative steps listed below:
1. Small and minority businesses and women's business enterprises are solicited whenever they are
potential sources.
2. Total requirements are to be divided, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business enterprises.
3. Delivery schedules, where the requirement permits are to be established which encourage
participation by small and minority businesses, and women's business enterprises.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
7
4. Services and assistance, as appropriate, are to be used, which is provided by such organizations as
the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
F. Copies of all licenses, certificates of competency or other documentation required by federal, state, or
local laws, statutes or regulations are required to be submitted as evidence of the authority to perform
the services described in the RFQ.
G. All Proposals must include preliminary certificates of insurance verifying all general insurance
requirements.
H. All Proposals must be signed by a representative who is authorized to contractually bind the Proposer
4.3. MINIMUM QUALIFICATION REQUIREMENTS
In order for a Proposal to be considered by the City, Proposers shall demonstrate in their Proposals compliance
with the following minimum requirements:
A. Proposers must be currently certified, licensed and authorized to work in the State of Florida to services
as sought by this RFQ;
B. Experience working with government agencies;
C. Currently insured and meeting City insurance requirements with insurance certificates provided that
state the name of the Proposer, current street address of the business and the type of work for which a
Business Tax Receipt is issued as well as all additional insurance requirements, including required
endorsements.
The City shall not consider Proposals that fail to demonstrate compliance with the above requirements. The
selected Proposer(s) shall maintain and keep in force insurance throughout the life of any contract, and all
renewals and extensions, if any, pertaining or related to the requirements specified in this Section. Failure of
the Proposer to comply with these requirements will be sufficient grounds for the City to declare the Contract in
default and subject the contract to possible termination by the City.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
8
5. EVALUATION CRITERIA AND PROCEDURES
The City will consider Proposers that are responsive and responsible by providing accurate information as
delineated in Section 4, Submittal Requirements.
All submitted Proposals will be evaluated based on the information provided that is responsive to this
RFQ. Evaluation criteria will include, but not be limited to, the ability of professional personnel; past
performance; willingness to meet time and budget requirements; location; recent, current, and projected
workloads of the firms.
The scoring of the Proposals by the Bid Review Committee will be based on a point total and not a percentage
factor. The Bid Review Committee will evaluate and rank the Proposals received on the basis of the criteria and
available points indicated below:
CRITERIA MAXIMUM
POINTS
Firm Qualifications: Qualifications of the firm; number of years firm has been in business;
references/past performance; recent, current, and
projected workloads
40
Experience and Qualification of Assigned Staff: Staff’s experience, qualifications, and technical
capabilities
30
Approach and Delivery of Services: Understanding the scope of work, ability to comply with the
full scope of work, technical soundness of
Proposal
25
Woman or Minority Business Enterprise: Current certification must be provided with response . 5
TOTAL MAXIMUM POINTS 100
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
9
6. INSURANCE REQUIREMENTS
6.1. INSURANCE COVERAGE
A selected Proposer shall not commence services under an Agreement until it has obtained all insurance
required under this paragraph and as required by the Agreement, and not until such time that the coverages are
approved by the Risk Manager of the City. The Proposer shall not allow any employee of Proposer or any
subcontractor to commence services on any subcontract until the subcontractor and all coverages required of
any subcontractor have been obtained and approved by the Risk Manager of the City. In addition, the Proposer
shall be responsible for any and all policy deductibles and self-insured retentions.
The following are requirements that must be met regarding the Proposer’s delivery of Certificates of Insurance
for all coverages required in the Agreement and Proposal Documents:
A. “Preliminary” certificate means that certificates of insurance verifying all general insurance
requirements (as noted below) must be included with your Proposals submittal on the date and time of
the opening of Proposals. If the “preliminary” certificates are not included with a submittal, then the
City has the right to consider the submitted response as non-responsive on the date and time of the
response opening. “Preliminary” Certificates may be issued without documentation of all “Special
Provisions”. However, Proposers must understand that all provisions, including “Special Provisions”
noted below, are expected to be fully documented on or attached to the “Official” Certificates of
Insurance as described below.
B. “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the
City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business Day after
the issuance by the City of the “Notice of Selected Proposer”, then the City has the right to consider the
awarded Agreement to the successful Proposer as void and to negotiate a contract with the next best
qualified Proposer. “Special Provisions”, as referenced below under each type of insurance requirement
shall be fully confirmed on or attached to the “Official” certificates.
C. All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief
description of the subject matter of the contract. The certificates shall contain a provision that coverage
afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has
been given to City. If this coverage is not provided, then the Proposer is responsible for such notice to
City. Insurance policies for required coverages shall be issued by companies authorized to do business
under the laws of the State of Florida and any such companies’ financial ratings must be no less than A-
VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the
event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City
in writing.
D. Coverages shall be in force until all services required to be performed under the terms of the Agreement,
including any applicable warranty period, is satisfactorily completed as evidenced by the formal written
acceptance by the City. In the event insurance certificates provided to City indicate that the insurance
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shall terminate and lapse during the period of the Agreement, including any applicable warranty period,
then in that event, the Proposer shall furnish, at least thirty (30) days prior to the expiration of the date of
such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance
of the period of the Agreement, including any extension of it, and including any applicable warranty
period, is in effect. THE PROPOSER AND ANY APPROVED SUBCONTRACTOR SHALL NOT
PERFORM OR CONTINUE SERVICES PURSUANT TO THE AGREEMENT, UNLESS ALL
COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK
CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE
GROUNDS FOR A TIME EXTENSION, AND WILL BE Coverages shall be in force until all
services required to be performed under the terms of the Agreement, including any applicable
warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the
City. In the event insurance certificates provided to City indicate that the insurance shall
terminate and lapse during the period of the Agreement, including any applicable warranty
period, then in that event, the Proposer shall furnish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal
and like coverages for the balance of the period of the Agreement, including any extension of it,
and including any applicable warranty period, is in effect.
6.2. COVERAGE REQUIREMENTS
The Proposer shall secure and maintain throughout the duration of the Agreement, insurance of such types and
in such amounts not less than those specified below as satisfactory to City naming the City as Additional
Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of
Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees,
agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in
excess of the Proposer’s insurance and shall not contribute to the Proposer’s insurance. The insurance
coverages shall include at a minimum the amounts set forth in this section and may be increased by the
Proposer as it deems necessary or prudent.
A. Commercial General Liability coverage with limits of liability of not less than a $1,000,000.00 per
Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall
also include Completed Operations and Product Liability coverages and eliminate the exclusion with
respect to property under the care, custody and control of Proposer. The General Aggregate Liability
limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000.00 each.
B. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory
limits as required by applicable state and federal laws. The policy(ies) must include Employer’s
Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of
the Proposer shall be allowed to provide services pursuant to this RFQ who is not covered by Workers
Compensation insurance.
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C. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single
limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as
filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
D. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per
occurrence, single limit.
Coverage shall apply for a minimum of three years following completion of the services. The above are
minimum requirements for projects up to $100,000.00.
For projects over $100,000.00, the following increased limits are required:
A. General Liability: $2,000,000.00 Per Occurrence/$4,000,000 Aggregate
B. Automobile Liability: $2,000,000.00
C. Professional Liability: $3,000,000.00 Per Occurrence
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Title: Resiliency Plan (Re-Issue)
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7. TERMS AND CONDITIONS
7.1. INTERPRETATIONS
Any interpretations, clarifications or additional information not disclosed in this RFQ and determined to be
necessary by the City in response to Proposer’s questions will be issued by means of addendum or addenda,
which addendum or addenda will be posted to the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, for all interested persons identified by the City as having
received the RFQ. The Proposers are required to check the site to see if there has been any addendum or
addenda posted regarding this RFQ. Only questions answered and information supplied by means of such
Addendum or Addenda will be considered as binding. Oral interpretations, clarifications or other information
will have no legal and binding effect.
A. All questions requiring clarification or interpretation of the RFQ documents shall be made in writing and
shall be delivered to the City by Thursday, February 20, 202512:00 pm.
B. Any modification or interpretation of the RFQ documents lies within the sole and exclusive judgment of
the City or its Consultant, if so authorized by City, and shall be made in writing in the form of an
Addendum or Addenda to all those who or which are recorded by the City, as having obtained a
complete set of the RFQ documents.
C. Interpretations or modifications of the RFQ documents made in any manner other than an Addendum or
Addenda issued by the City shall not be binding. All updates, clarifications, or modifications to the
RFQ shall be issued via written Addendum or addenda and shall be provided to all Proposers.
D. A Proposer, prior to submitting its Response, shall ascertain in writing that it has received any
Addendum or all Addenda issued for the services.
E. Costs for those matters not questioned and not addressed in an Addendum or Addenda shall be the
responsibility of the Proposer, and Proposer shall be responsible to include such costs in the RFQ.
7.2. PUBLIC RECORDS
A. Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection
with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically
with the provisions of Section 119.0701, Florida Statutes. Proposer shall ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not disclosed,
except as authorized by law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the City.
B. Upon request from the City custodian of public records, Proposer shall provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law.
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Title: Resiliency Plan (Re-Issue)
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C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and
other data and documents provided or created in connection with the Agreement are and shall remain the
property of the City.
D. Upon completion of the Agreement or in the event of termination by either party, any and all public
records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to
the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by
Proposer shall be delivered to the City in a format that is compatible with the City’s information
technology systems. Once the public records have been delivered upon completion or termination of the
Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements.
E. Any compensation due to Proposer shall be withheld until all records are received as provided in this
RFQ.
F. Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate
termination of the Agreement by the City.
G. Section 119.0701(2)(a), Florida StatutesIF THE PROPOSER HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
PROPOSER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of
Records: ELORA RIERA, MMCMailing Address: 100 W. Dania Beach
Boulevard Dania Beach, Florida 33004 Telephone
number: 954-924-9800, Ext. 3623Email: eriera@daniabeachfl.gov
7.3. RESPONSE PROTEST PROCEDURE
A. After a Notice of Recommendation to Award a contract is posted, any actual or prospective Proposer in
connection with the pending award of the Contract, or any element of the process leading to the award
of the Contract may protest to the City Manager. A protest must be filed by 5:00 P.M. on the third (3rd)
Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any
right to protest is waived. The protest must be in writing, must identify the name and address of the
protester, and must include a factual summary of, and the basis for, the protest. Filing shall be
considered complete when the written protest, together with an RFQ Protest w are both timely received
by the City Manager’s Office. No RFQ Protest shall be accepted unless it complies with the
requirements of this Section.
B. An RFQ Protest Bond is intended to compensate the City for the expenses of administering the
protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the
protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the
City. The deposit shall be in the form of a cashier's check. The amount of the RFQ Protest Bond shall
be Five Thousand Dollars ($5,000.00).
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Title: Resiliency Plan (Re-Issue)
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C. Prior to any decision being rendered under this section with respect to a Proposal protest, the City
Manager and the City Attorney, or their respective designees, shall certify whether the submission of the
Proposer to the Proposal in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the issue of responsiveness.
D. Protest Committee: The Protest Committee shall have the authority to review, settle, and resolve all
protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest
Committee determines that the pending award of a contract or any element of the process leading to the
award involved a significant violation of law, applicable rule or regulation, all steps necessary and
proper to correct the violation shall be taken. If the Protest Committee determines that the protest has
merit, the City Manager shall direct all appropriate steps be taken to remedy it.
1. The decision shall specifically state the reasons for the action taken and inform the protestor of its
right to challenge the decision. Any person aggrieved by any action or decision of the Protest
Committee, with regard to any decision rendered under this section may appeal the decision to the
City Commission for a hearing. The City Commission will hear the appeal and render a final
decision.
E. In the event of a timely protest, the City Manager shall stay the award of the Contract, unless after
consulting with the City Attorney and a representative from the City’s Department for which the
services are being obtained, the City Manager then determines that the award of the contract is necessary
without delay to protect the substantial interests of the City. The continuation of the award process
under these circumstances shall not preempt or otherwise affect the protest.
F. The institution and filing of a protest under this provision is an administrative remedy that shall be
employed prior to the institution and filing of any civil action against the City concerning the subject
matter of the protest.
7.4. CONE OF SILENCE
A. Definitions: “Cone of Silence,” as used in this RFQ means a prohibition on any communication
between:
o a potential vendor, service provider, proposer, lobbyist, or consultant, and
o a City Commission member, City’s professional staff including, but not limited to, the City Manager
and her staff, or any member of the City’s Bid Review Committee.
B. Restriction; Notice: A Cone of Silence shall be imposed upon this RFQ upon the advertisement of the
RFQ. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for
public notice of the Cone of Silence by posting a notice at the City Hall.
C. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City
Commission (whether a regular or special meeting) at which the City Manager makes a written
recommendation of award to the City Commission. However, if the City Commission refers the City
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Title: Resiliency Plan (Re-Issue)
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Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence
shall be re-imposed until such time as the City Manager makes a subsequent written recommendation.
D. Exceptions to Applicability: The provisions of this section shall not apply to:
o Communication with the City RFQ representative;
o Oral communications at pre-proposal conferences;
o Oral presentations before the Bid Review Committee;
o Public presentations made to the City Commission members during any duly noticed public meeting;
o Communications regarding the RFQ between a potential vendor, service provider, proposer, lobbyist
or consultant and the City’s Procurement Administrator or City employee designated as responsible
for administering the procurement process for the RFQ, provided the communication is limited
strictly to matters of process or procedure already contained in the corresponding solicitation
document;
o Communications with the City Attorney and his staff;
o Duly noticed site visits to determine the competency of a Proposer regarding the RFQ during the
time period between the opening of Proposals and the time the City Manager makes a written
recommendation;
o Any emergency procurement of goods or services pursuant to City Code;
o Proposals to the City’s request for clarification or additional information
o Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all related communications between a potential vendor, service provider,
proposer, lobbyist, or consultant and any member of the City’s professional staff including, but not
limited to, the City Manager and staff are in writing or are made at a duly noticed public meeting .
E.
F. Penalties: Violation of this section by a Proposer or other listed person shall render any RFQ award or
contract to the Proposer voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on the City Bid Review Committee. In addition
to any other penalty provided in this RFQ, violation of any provision of this section by a City employee
may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
Request For Qualification #25-004
Title: Resiliency Plan (Re-Issue)
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8. VENDOR QUESTIONNAIRE
1. Have you uploaded your firm’s proposal documents, required supporting attachments and
submission requirements listed in sections 4.2 & 4.3? *
If no, please use this section in OpenGov to upload your firm's proposal, supporting attachments and
submission documents listed in sections 4.2 and 4.3. Please upload documents as one combined PDF.
*Response required
2. Does your submission include your firms' financials? *
(Optional) financial upload here
*Response required
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
July 1, 2025
City of Dania Beach
100 W Dania Beach Blvd,
Dania Beach FL 33004
ATTN: Corinne Lajoie
Subject: Dania Beach Resiliency Plan (SRAP)
Scope of Services for Professional Services
Dear Ms. Lajoie,
Chen Moore and Associates (CMA) is pleased to present the attached Scope of Services for the purpose
of providing professional engineering and planning services for the development of the City of Dania
Beach Resiliency Plan.
CMA Team includes Brizaga and Stantec who will work together to prepare the Resiliency Plan. This plan
will focus on an inventory and review of existing work, provide community engagement, prepare
actionable implementation strategies, provide grant support and funding strategy.
CMA Team shall be responsible for providing professional services according to the scope of services
below:
SCOPE OF SERVICES
Task 1 – Inventory and Brand Development
• Host Kickoff Meeting to confirm scope, timeline, stakeholders, and expectations.
o Establish Project Team & Roles, including City departments (Planning, Public Services,
Sustainability, Emergency Management) and how to engage regional partners (County
Resilience Office, FDEP, SFMWD, MPO, etc.)
• Develop Data Collection & Management Plan, including a standard for organizing, storing, and
sharing all data and GIS layers.
• Review of existing policies and plans of the City, generating a short summary of each for the
Resiliency Plan including:
o Reviewing existing City ordinances/policies
o Stormwater Master Plan
o Comprehensive Plan
o Local Mitigation Strategy (LMS)
o Floodplain Management Plan & CRS documentation
o Capital Improvement Plan
o Parks & Open Space Plans
o Zoning/land development regulations
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
o Alignment with Broward County’s Risk Assessment and Resilience Plan, Broward County
Climate Change Action Plan (CCAP), and other appropriate resilience policies
• Alignment with regional efforts, including:
o Regional Climate Action Plan (RCAP) 3.0
o South Florida Water Management District (SFWMD) Resilience Plan
o South Florida Water Management District (SFWMD) resilience projects
The deliverable for this task will be a technical memorandum that documents the data collection and short
summary of existing policies and plans from the City. As necessary, CMA team shall immediately revise
the project documents to address any review comments from the City. Deliverable shall be submitted
within 60 days from NTP.
Task 2 – Community Engagement and Prioritization
• Develop a Prioritization Framework through staff and community engagement, including:
o One Staff Workshop: This interdepartmental workshop will aid in developing high‐level
goals (based on the Regional Climate Action Plan).
o One Community Workshop: This workshop will review existing plans, gather community
input and prioritize broad sustainability and resilience strategies. It is assumed this
meeting will be a part of one of the Green Advisory Board monthly meetings. Workshop
prioritization exercise to determine the future actions the Committee prefers.
• Prioritization criteria may include community impact, cost, feasibility, and other co‐benefits. CMA
shall coordinate with the City on prioritization criteria based on data collected through the
workshops. Work in this shall be complete within 90 days from NTP (Concurrent with Task 1).
Task 3 – Prepare Comprehensive Resiliency Action Plan
• Develop a Phased Comprehensive Resiliency Plan to include:
o Review the existing City data (based on Task 1)
o Review of data collected via Workshops (based on Task 2)
o Setting high‐level goals
o Immediate Action Plan that will include:
Recommend near‐term actions and strategies (see below)
Policy recommendations
Future activities to support SRAP implementation
• Recommend Phased Adaptation Strategies may include:
o Nature‐based solutions (green infrastructure, living shorelines)
o Infrastructure upgrades (stormwater retrofits, seawalls, elevating facilities)
o Policy changes (zoning, setbacks, building codes)
o Heat mitigation (cool roofs, tree canopy, reflective surfaces)
• Recommended Phased Mitigation Strategies may include:
o Energy efficiency, renewable energy, waste reduction, low‐carbon transportation.
The deliverable for this task will be a public‐facing 8‐ to 12‐page graphically design document of the
Comprehensive Resiliency Plan. As necessary, CMA team shall immediately revise the project documents
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
to address any review comments from the City. Deliverable shall be submitted within 60 days from the
completion of Task 2.
Task 4 – Brief Funding Strategy and Grant Support
• Develop a brief Funding Strategy document for initial actions and other resilience and
sustainability activities.
• Provide support for the development of an Adaptation Plan, and Resilient Florida Implementation
Grants.
The deliverable for this task will be a technical memorandum that documents funding strategies and
supporting City staff in developing grant application. As necessary, CMA team shall immediately revise
the project documents to address any review comments from the City. Deliverable shall be submitted
within 30 days from the completion of Task 3.
Task 5 – Project Coordination Meetings
CMA team shall be available for monthly progress meetings with City staff, to be held virtually. These
meetings will be in addition to any meetings or workshops discussed in Tasks 1‐4. Assuming a total of 6
virtual meetings will be held between Client and CMA team.
DELIVERABLES
CMA will provide the deliverable documents in hard copy and digital form as defined below. CMA will
provide the following deliverables:
• Task 1 Inventory and Brand Development technical memorandum.
• Task 3 Comprehensive Resiliency Action Plan, public‐facing 8‐ to 12‐page graphically design.
• Task 4 Funding Strategy technical memorandum.
SCOPE ASSUMPTIONS
• City staff will be available for all meetings. City staff will assist with scheduling meetings.
• City will provide timely responses to information included in each submittal.
• City shall reimburse CMA for all document reproduction costs for submittals to the City.
PROJECT SCHEDULE
The total duration for this project is estimated to be 180 days, (approximately 6 months) based on the
schedule outlined in the table below.
Task Task Description Duration Task Start
1 Inventory and Brand Development 60 days NTP
2 Community Engagement and Prioritization 90 days NTP
3 Comprehensive Resiliency Action Plan 60 days Upon completion of Task 2
4 Funding Strategy & Grant Support 30 days Upon completion of Task 3
5 Project Coordination Meetings NA NA
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
PROJECT FEES
CMA has prepared this proposal for the professional services necessary to accomplish this scope of
services on this project. The total lump sum (LS) fee for this project is $100,038, which is summarized
below.
Reimbursable expenses for the tasks above are included in the lump sum price. Additional reimbursables
requested by the Client shall be invoiced as defined in our General Conditions/Provisions within the
contract.
Should you have any questions, please do not hesitate to contact me at my cell phone at +1 (954) 818‐
5804 or send me an electronic message at jsmith@chenmoore.com.
Respectfully submitted,
Jennifer Smith, P.E.
Principal Engineer
Task Task Description CMA LS Fee Subconsultant
LS Fee Total LS Fees
1 Inventory and Brand Development $20,370 $13,605 $33,975
2 Community Engagement and Prioritization $5,020 $12,604 $17,624
3 Comprehensive Resiliency Action Plan $8,920 $16,325 $25,245
4 Funding Strategy & Grant Support $1,320 $13,724 $15,044
5 Project Coordination Meetings $4,540 $3,610 $8,150
Total $40,170 $59,868 $100,038
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
EXHIBIT A
GENERAL CONDITIONS/PROVISIONS
These general conditions are attached and made part of proposals and Agreements for services rendered by Chen Moore and
Associates (CMA), the Consultant.
1.0 Standard of Care
Consultant, providing services under the Agreement, will endeavor to perform in a manner consistent with the degree of care
and skill exercised by members of the same profession under similar current circumstances. The Consultant cannot and does not
warrant or guarantee that the Client’s project will comply with all interpretations of the Americans with Disabilities Act (ADA)
requirements.
2.0 Basic Services
Consultant shall provide the mutually agreed‐upon services outlined in this Agreement. Any services not specifically outlined in
this Agreement are specifically excluded from the scope of Consultant’s services. Consultant assumes no responsibility to perform
any services not specifically addressed in the Agreement.
3.0 Additional Services
If mutually agreed to in writing by the parties, in advance, Consultant will provide additional services, which shall be documented
and appended hereto. Additional services are not included as part of the basic scope of services and shall be paid for by Client in
addition to the payment for basic services. Payment for additional services shall be as mutually agreed to by the parties.
4.0 Client Responsibilities
Unless otherwise designated in writing, the Client’s representative with respect to the services to be rendered under the
Agreement shall be the individual designated for the authorized signature. Client shall provide all criteria and information
required for Consultant to perform services under the Agreement. Client shall provide for access to and make all provisions for
Consultant to enter upon public and private property as required to perform services under the Agreement.
5.0 Compensation
a) Monthly progress invoices for basic services and additional services shall be submitted to the Client by Consultant based on
percentage complete for each project task. Hourly services shall be invoiced based on applicable hourly rates in accordance
with the Rate Schedule which is subject to semi‐annual adjustment.
b) These invoices are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days.
c) In order to provide uninterrupted service by Consultant, Client is required to promptly pay submitted invoices. Client shall
have a fourteen (14) day review period to request clarification or additional information regarding an invoice. If no request
is made during the review period, the invoice is deemed approved and payment shall be made in the full amount of the
invoice.
d) If Client fails to make payments when due or otherwise breaches the Agreement, Consultant may suspend performance of
services with seven (7) days written notice to Client. Consultant shall have no liability whatsoever to Client for any costs or
damages whatsoever as a result of such suspension caused by any breach of the Agreement by Client. Upon payment in full
by Client, Consultant may, upon written agreement of both parties, resume services under the Agreement and the time
schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other
reasonable time and expense necessary for Consultant to resume performance.
e) Payment of invoices is in no case subject to unilateral discounting or setoffs by Client and payment is due regardless of
suspension or termination of the Agreement by either party.
6.0 Permit, Agency and Application Fees
Client shall be responsible for and pay all project‐related fees including, but not limited to, permitting, filing, recording, inspection,
plan review, DRI, PUD, rezoning and other related fees.
7.0 Collection Costs
In the event that any invoice or portion thereof remains unpaid for more than thirty (30) days following the invoice date,
Consultant may initiate legal action to enforce the compensation provision of the Agreement. Consultant is entitled to collect
any judgment or settlement sums due, reasonable attorney fees, court costs, interest and expenses incurred by Consultant in
connection with the collection of any amount due under the Agreement.
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
8.0 Reimbursables
Project‐related expenses such as travel, lodging, per diem, long distance communications, postage, shipping, reproductions,
approved subcontracted services and other necessary and customary costs shall be paid to Consultant by Client. These
reimbursables shall be compensated at:
• Unit prices per Consultant’s Rate Schedule.
• Out‐of‐pocket expenses billed at a multiplier of 1.15 to cover processing costs.
9.0 Taxes
Any government‐imposed taxes or fees shall be added to the invoice and paid by Client to Consultant for services under the
Agreement.
10.0 Indemnification
a) Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, employees and
independent subconsultants against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs,
arising out of or connected with the Agreement or performance by any of the parties above‐named, of the services
performed under the Agreement, except (i) those damages, liabilities or costs attributed to the negligent acts or negligent
failures to act by Consultant specifically in the performance of the Agreement, or (ii) those liabilities or costs attributed to
grossly negligent or intentional acts by Consultant occurring other than in the specific performance of the Agreement.
b) Client agrees that as Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only
against Consultant, a Florida corporation, and not against any of Consultant’s employees, officers or directors, and
specifically waives the bringing of any such claims against said individuals.
c) In the event that any third party, whether or not such third party is a party to this Agreement, should bring an action, assert
a claim, or have imposed upon Consultant, its officers, directors, employees and independent subconsultants any judgment,
damages or liability where such claim is, in any way whatsoever, asserted due to the existence of this Agreement or any
services rendered or performed by Consultant, its officers, employees and independent subconsultants in connection
therewith, Client agrees to indemnify and hold Consultant, its officers, employees and independent subconsultants harmless
of and from any and all claims, liabilities, damages, costs, judgment or other amounts which may be awarded against
Consultant, its officers, directors, employees and independent subconsultants, or any of the foregoing.
d) Client shall require that Contractor indemnify and hold harmless Consultant, its officers, directors, employees and
independent subconsultants, 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 Contractor and other
persons employed or utilized by the Contractor in the performance of its contract with Client. In addition, Client shall require
that Contractor endorse Consultant as an Additional Insured to the same extent Client is endorsed by Contractor as an
Additional Insured. Consultant shall be an express third‐party beneficiary of the contract between Client and Contractor
solely for the limited purpose of this indemnification and insurance requirement.
11.0 Limitation of Liability
In recognition of the relative risks and benefits of the project to both Client and Consultant, Client agrees to the fullest extent
permitted by law, to limit the liability of Consultant and/or its employees, officers, directors, partners, agents and/or
representatives to Client and/or any person and/or entity claiming by and/or through Client for any and all claims, losses, costs,
damages or claim’s expenses from any cause or causes, including, but not limited to, attorney fees and costs resulting from
Consultant’s negligent acts, errors and/or omissions. The total liability of Consultant to Client shall in no event exceed $100,000.
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL
EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE
FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE
AND SCOPE OF CONSULTANT’S PERFORMANCE OF THIS AGREEMENT.
12.0 Instruments of Service Ownership
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
a) All reports, plans, specifications, electronic files, field data, notes and other documents and instruments prepared by
Consultant as the Agreement’s instruments of service shall remain the property of Consultant. Consultant shall retain all
common law, statutory and other reserved rights, including the copyright thereto.
b) Instruments of service by Consultant are for the sole use of Client and are not to be copied or distributed, in any manner, to
a third party, without the express written permission of Consultant. Electronic information or files are for informational
purposes only. It is the responsibility of Client to verify the accuracy of the information therein and to hold Consultant
harmless for any damages that may result from the use of the information. Client at his own cost shall be responsible for
validating any and all electronic information provided.
13.0 Governing Law
Client and Consultant agree that the Agreement and any legal actions concerning said Agreement shall be governed by the laws
of the State of Florida.
14.0 Mediation/Dispute Resolution
a) To resolve any conflict which might arise during the performance of the Consultant’s services under the Agreement, or
during the construction of the Project, and/or following the completion of the project, Client and Consultant agree that,
prior to filing a lawsuit, all disputes, arising out of the Agreement or otherwise pertaining to the performance of services by
Consultant, shall be first submitted to non‐binding mediation. Failure by any party to fully comply with the pre‐suit
mediation provision shall, upon finding by a court and/or jury, constitute a waiver of this condition precedent. The fees
and/or costs of mediation shall be equally borne by the parties to the Agreement.
b) In the event of litigation, disputes shall be resolved in the circuit court of the Florida county in which the Project is located
under the Agreement. The prevailing party in such litigation shall be entitled to recover from the non‐prevailing party all
reasonable attorney fees, taxable court costs, expert witness fees and costs, demonstrative evidence costs, and such other
reasonable fees and/or costs generally associated with the litigation of such matters, as determined upon hearing, post‐trial,
by the court.
c) Irrespective of any contract provision or obligation of either party hereunder pursuant to contract or agreement with
person(s) and/or entity(ies) not specifically named herein, Consultant shall not be obligated to participate in, nor be a named
party in, any arbitration proceeding without the express written consent of Consultant.
15.0 Delays
a) In the event the project under the Agreement is delayed by any act or omission by Client or any other causes beyond
Consultant’s exclusive control, Client agrees that Consultant is not responsible for any and all damages arising directly or
indirectly from such delays. If the delays resulting from any such causes are fifteen (15) days or more, or increase the cost
or time required by Consultant to perform its services in an orderly and efficient manner, Consultant shall be entitled to an
equitable adjustment in schedule and/or compensation prior to re‐commencing work on the project.
a) Client recognizes and agrees that factors both within and without Consultant’s control may delay the work performance,
permit issuance, design and construction of the project. Client agrees that it shall not be entitled to any claim for damages
due to hindrances or delays from any cause whatsoever including, but not limited to: the production of contract documents;
review of documents by any government agency; issuance of permits from any government agency, beginning of completion
of construction; or performance of any task of the work pursuant to the Agreement. Permitting is a regulatory function and
Consultant does not guarantee issuance of any permit. Agency reviews and permitting are deemed ‘factors’ outside of the
Consultant’s control.
16.0 Termination
The Agreement and the obligation to provide further services under the Agreement either party may terminate this Agreement
upon seven (7) days written notice, during which period the non‐terminating party fails to cure a material or substantial breach
of a provision of this Agreement. Consultant shall have the right to terminate this Agreement for Consultant’s convenience and
without cause upon giving the Client seven (7) days written notice. In the event of termination of the Agreement by either party,
Client shall within fifteen (15) calendar days of termination, pay Consultant for all services rendered to date, all reimbursable
costs and termination expenses incurred by Consultant up to the date of termination, in accordance with the payment provisions
of the Agreement.
17.0 Renegotiation of Fees
Consultant reserves the right to renegotiate fixed fees to reflect changes in price indices and pay scales applicable to the period
when services are rendered.
18.0 Construction Phase
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
a) Consultant shall not, during any site visits or as a result of observing Contractor’s work in progress, have any authority, duty
or responsibility to supervise, manage, direct or have control over Contractor’s work. Nor shall Consultant have any
authority, duty or responsibility for, or control over, the means, methods, techniques, sequences or procedures of
construction selected by Contractor(s) for safety precautions and programs incident to the work of Contractor(s) or for any
failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s)
furnishing and performing its work. Consultant can neither guarantee the performance of the construction contracts by
Contractor(s) nor assume any responsibility for Contractor’s failure to finish and perform its work in accordance with the
contract documents.
b) If construction phase services including project observation or review of the Contractor’s performance are not part of this
Agreement, such services shall be provided for by the Client. The Client assumes all responsibility for interpretations of the
Contract Documents and for construction observation; and the Client waives any claims against the Consultant that may be
in any way connected thereto.
19.0 Signage
Client agrees to provide Consultant with a location for Consultant’s temporary construction signage on the project site before
and during construction activities.
20.0 Notice
That, whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United
States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the
place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to‐wit.
FOR CMA
Peter Moore P.E., President
Chen Moore and Associates
500 W. Cypress Creek Road, Suite 630
Fort Lauderdale, FL 33309
21.0 Successors and Assigns
Neither party to the Agreement shall transfer, sublet or assign any rights under or interest in the Agreement (including, but
without limitation, monies that may become due or monies that are due) without the prior written consent of the other party.
Subcontracting to subconsultants normally contemplated by Consultant shall not be considered as an assignment for purposes
of the Agreement.
22.0 Force Majeure
Except with respect to payment obligations under this Agreement, neither party will be liable for any breach or failure to perform
under this Agreement or any other documents incorporated by reference herein if such breach or failure to perform is due to
acts beyond the reasonable control of such party, which include by way of illustration, acts of God or public enemy or terrorist
act, acts of Federal, state or local government, either in its sovereign or contractual capacity, fire, floods, civil disobedience,
strikes, lock‐outs, freight embargoes, pandemics, or any other cause or conditions beyond such party’s reasonable control;
provided, however, that the party which has been so affected will (i) promptly give written notice to the other of the fact that it
is unable to so perform and the cause(s) therefore; and (ii) resume its performance under this Agreement immediately upon the
cessation of such cause(s).
500 West Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
Office: +1 (954) 730‐0707
chenmoore.com
EXHIBIT B
AGREEMENT FOR PROFESSIONAL SERVICES - WORK AUTHORIZATION
CMA Project Name: Dania Beach Resiliency Plan
Client Name: City of Dania Beach
Client Contact: Corinne Lajoie
Client Address: 100 W Dania Beach Blvd, Dania Beach FL 33004
Client Phone/Fax: 954.924.6800 x 3704
Client E‐mail: clajoie@daniabeachfl.gov
CMA Proposal No. 25.0090.P0002
FEE: Lump Sum of $100,038
The undersigned agree to the attached Scope of Services, General Conditions and Provisions which are
incorporated and made a part of this Agreement. Any additional requested services will be addressed in a separate
Agreement.
CHEN MOORE AND ASSOCIATES, INC. (CONSULTANT)
__________________________________________________
Authorized Signature
Jennifer Smith / Principal Engineer______________________
Print Name/Title
_7/1/2025________________________________________
Date
[INSERT CLIENT NAME] (CLIENT)
__________________________________________________
Authorized Signature
__________________________________________________
Print Name/Title
__________________________________________________
Date