HomeMy WebLinkAboutR-2008-027 Mellgren Planning Group Agreement RESOLUTION NO. 2008-027
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC.
(FORMERLY KNOWN AS MICHELE MELLGREN & ASSOCIATES, INC.),
TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION
WITH THE PREPARATION OF A CITYWIDE UNIFIED LAND
DEVELOPMENT CODE, FOR AN AMOUNT NOT TO EXCEED $204,000.00;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That that certain Agreement with Mellgren Planning Group, Inc. (formerly
known as Michele Mellgren & Associates, Inc.), attached in substantial form as Exhibit "A" is
approved, in connection with the preparation of a Citywide Unified Land Development Code and
the proper City officials are authorized to execute such Agreement for an amount not to exceed
$204,000.00.
Section 2. That the City Manager and City Attorney are authorized to make revisions
to such Agreement as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on February 12, 2008.
B B ANTO
MAYOR—C MMISSIONER
ATTEST:
LOUISE STILSON,CMC
CITY CLERK
APPROVED AS TO FO A�D CORRECTNESS:
BY:
J
THO ASY. Afq9BRO
CITY ATTORNEY
2 RESOLUTION 42008-027
EXHIBIT "A"
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on 2008,
between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and
THE MELLGREN PLANNING GROUP, INC. (formerly known as Michele Mellgren &
Associates, Inc.) (the "Consultant").
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
1. Scope of Services. The Consultant agrees to perform consultant services for the
City in accordance with the scope of services described in Exhibit "A", a copy of which is
attached and made a part of this Agreement by this reference. The Parties acknowledge and
agree that services are to commence upon written or electronic authorization to proceed provided
to Consultant from the City's project manager, and that that date is the effective date and
commencement date of the services.
2. Time to Complete. Consultant shall complete the draft of the new code for City
Commission consideration within eighteen (18) months of receiving authorization to proceed.
3. Subcontracts. As indicated in Consultant's response to City's Letter of Interest
Request, consultant will subcontract with the law firm of Weiss Scrota Helfman Pastoriza Cole
& Boniske, P.L. for legal consultation. It is expressly agreed by the parties, however, that the
City shall approve in advance in writing any other subconsultant and the fees to be paid them by
Consultant prior to any such subconsultant proceeding with any such work.
4. Payment for Services.
A. City agrees to pay Consultant for services provided by Consultant, as
described in Section 1, an agreed upon amount as shown in Exhibit `B". (the "Fee For
Services"). The Fee includes full payment, including all labor, overhead and other costs. No
travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and
Palm Beach Counties, approved in writing in advance by the City. Any such costs are payable at
the City reimbursement rate.
B. Consultant shall submit its invoices in the format and with supporting
documentation as may be required by City.
C. City shall pay Consultant monthly for services rendered within thirty (30)
calendar days from date of approval of each of Consultant's invoices by the City Manager. If any
3 RESOLUTION #2008-027
errors or omissions are discovered in any invoice, City will inform Consultant and request
revised copies of all such documents. If any disagreement arises as to payment of any portion of
an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by
promptly conferring to resolve the disputed portion.
D. Any invoice which is not timely paid as prescribed above will be subject to
the accrual of interest at the statutory rate prescribed by applicable Florida law.
5. Indemnification of City.
A. Consultant agrees to indemnify and hold harmless the City for all costs,
losses and expenses including, but not limited to, damages to persons or property including, but
not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions
or the willful misconduct of the Consultant, its agents, servants or employees in the performance
of services under this Agreement. If called upon by the City, the Consultant shall assume and
defend not only itself, but also the City, in connection with any suit or cause of action arising out
of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This
indemnification does not extend to acts of third parties who or which are wholly unrelated to
Consultant. The covenants and representations relating to this indemnification provision shall
survive the term of this Agreement and continue in full force and effect as to Consultant's
responsibility to indemnify the City.
B. It is specifically understood and agreed that the consideration inuring to
the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
C. The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
6. Insurance. Consultant shall provide, pay for and maintain in force at all times
during the term of this Agreement, such insurance, including professional liability insurance,
Workers' compensation insurance and comprehensive general liability insurance as stated below:
A. Professional liability insurance with minimum limits of liability of One
Million Dollars ($1,000,000.00) to assure the City of coverage of the
indemnification specified in this Agreement.
B. Workers' compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of the Consultant's
employees.
C. Comprehensive general liability insurance, including contractual, with
minimum limits of One Million Dollars ($1,000,000.00) per occurrence,
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combined single limit for bodily injury liability and property damage
liability. The City is to be included as an "additional insured" with respect
to any claims arising out of this Agreement.
D. Automobile Liability with minimum limit of One Million Dollars
($1,000,000.00) combined single limit.
E. If Consultant hires a subconsultant for any portion of any work, then such
subconsultant shall provide general liability insurance with minimum
limits of liability of One Million Dollars ($1,000,000.00).
F. The Consultant shall provide the Risk Manager of the City Certificates of
Insurance for coverages and policies required by this Agreement. All
certificates shall state that the City shall be given thirty (30) days' advance
notice prior to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which the
City may carry in its own name.
7. Assignment of Agreement. It is understood and agreed by both parties that this
Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant
without the prior written consent of City. Violation of the terms of this paragraph shall constitute
a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement
for cause and all rights, title and interest of Consultant in this Agreement shall then cease and
terminate.
8. Examination of Records. Consultant shall maintain books, records, documents
and other evidence directly pertinent to performance of work under this Agreement in accordance
with generally accepted accounting principles and practices. The Consultant shall also maintain
the financial information and data used by the Consultant in the preparation of support of any
claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to
such books, records, documents and other evidence for inspection, audit and copying during
normal business hours. The Consultant will provide proper facilities for such access and
inspection. Audits conducted under this section shall observe generally accepted auditing
standards and established procedures and guidelines of the City. The Florida Public Records
Act, Chapter 119 of the Florida Statutes, may have application to records or documents
pertaining to this Agreement and Consultant acknowledges that such laws have possible
application and agrees to comply with all such laws.
9. Termination.
A. Termination of Agreement for Convenience. It is expressly understood
and agreed that the City may terminate this Agreement at any time for any reason or no reason at
all by giving the Consultant notice by certified mail, return receipt requested, directed to the
principal office of the Consultant, thirty (30) days in advance of the termination date. In the
event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled
5 RESOLUTION #2008-027
to be compensated for the services rendered from the effective date of execution of the
Agreement up to the date of receipt of Notice of termination. Such compensation shall be based
on the percentage of work completed, as fairly and reasonably determined by City after
conferring with Consultant.
B. Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Consultant five (5) days' advance written notice. If
Consultant promptly cures the matter giving rise to the cause within that time, this Agreement
shall continue. If not timely cured, the Agreement will stand terminated and the City will pay
Consultant for work completed less any costs, expenses and damages incurred by City as a result
of such termination. If a court of competent jurisdiction determines that the termination was not
authorized under the circumstances then the termination shall be deemed to be a termination for
convenience.
10. Ownership of Documents. All correspondence, studies, data, analyses,
documents, instruments, applications, memorandums and the like, pursuant to this Agreement
shall become owned by and be the property of the City and the City shall consequently obtain
ownership of them by any statutory common law and other reserved rights, including copyright;
however, such documents are not intended or represented by Consultant to be suitable for reuse
by City on extensions of the work or on any other work or project. Any such reuse, modification
or adaptation of such document without written verification or permission by Consultant for the
specific purpose intended will be at City's sole risk and without liability or legal exposure to
Consultant or to Consultant's independent professional subconsultants. If City alters any such
documents, City will expressly acknowledge same so that no third party will be in doubt as to the
creation or origination of any such document.
11. Notices. 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 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: Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Consultant: Michele C. Mellgren, President
The Mellgren Planning Group, Inc.
6555 Nova Drive, Suite 305
Davie, FL 33319
6 RESOLUTION #2008-027
12. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action
arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth
Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern
District of the United States. Each party further agrees that venue of any action to enforce this
Agreement shall be in Broward County, Florida.
13. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
14. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing
the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs
and expenses including, but not limited to, court costs and reasonable attorneys' fees.
15. Headings. Headings in this document are for convenience of reference only and
are not to be considered in any interpretation of this Agreement.
16. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this
reference.
17. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full
force and effect, and shall be enforced to the fullest extent permitted by law.
18. All Prior Agreements Superseded. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements and understandings applicable to
the matters contained in this Agreement and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, it is agreed that no deviation from the terms of this
Agreement shall be predicated upon any prior representations or agreements, whether oral or
written.
19. Consultant and its employees and agents shall be and remain independent
contractors and not employees of City with respect to all of the acts and services performed by
and under the terms of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking, enterprise or venture
between the parties to this Agreement.
20. The Consultant understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year and that any contract, verbal or written, made in violation of
7 RESOLUTION#2008-027
this subsection is null and void and that consequently, no money may be paid on such contract
beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts
for periods exceeding one (1) year,but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall
not proceed with services under this Agreement without City's written verification that the funds
necessary for Consultant compensation and other necessary expenditures are budgeted and
available within the appropriate fiscal year budget. Written or electronic authorization to proceed
provided to Consultant by City's project manager, as described in Section 1 above, shall serve as
written verification that the necessary funds are budgeted and available.
21. Consultant warrants and represents that no elected official, officer, agent or
employee of the City has a financial interest, directly or indirectly, in this Agreement or the
compensation to be paid under it and, further, that no City employee who acts in the City of
Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected
or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing
agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the
Consultant and, further, that no such City employee, purchasing agent, City elected or appointed
officer, or the spouse or child of any of them, alone or in combination, has a material interest in
the Consultant. Material interest means direct or indirect ownership of more than five percent
(5%) of the total assets or capital stock of the Consultant.
22. Consultant shall comply with all federal, state and City laws applicable to the
Consultant services and specifically those covering Equal Opportunity Employment, the
Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the
Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to
fully comply with all provisions of all laws and the City reserves the right to verify the
Consultant's compliance with them. Failure to comply with any laws will be grounds for
termination of the Agreement for cause.
23. In the event of any conflict between any provisions of this Agreement and any
provision in any attached Exhibit, the parties agree that the provisions of this Agreement are
controlling (including, but not limited to, all terms and provisions governing compensation).
8 RESOLUTION#2008-027
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
LOUISE STILSON, CMC BOB ANTON
CITY CLERK MAYOR
IVAN PATO, CITY MANAGER
APPROVED FOR FORM
AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
9 RESOLUTION #2008-027
CONSULTANT:
WITNESSES: THE MELLGREN PLANNING GROUP,
INC.
Signature Signature
MICHELE MELLGREN, PRESIDENT
Print Name Print Name/Title
Signature
Print Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on
2008, by Michele Mellgren, as President, of Mellgren Planning Group, Inc., a Florida
corporation, on behalf of the corporation. She is personally known to me or has produced
as identification and did (did not) take an oath.
NOTARY PUBLIC, State of Florida
My commission expires:
10 RESOLUTION #2008-027
EXHIBIT "A"
SCOPE OF SERVICES
The purpose of the project is to update the City's Land Development Code, to ensure that the
Code serves as a citywide land development code serving all of the City, and to conduct
community meetings to achieve community support for any changes proposed to existing
regulations. The following phases of work shall be undertaken and completed:
A. Meetings with Staff. Up to four (4) formal meetings with staff, 2.5 hours each, at City Hall or
Consultant's office. Phone and e-mail dialogue will be ongoing throughout the process, and the
cost of such is included in the fee to prepare the citywide Unified Land Development Code.
B. Prepare citywide Unified Land Development Code.
This phase of work includes revisions or amendments of the following:
1. Platting and subdivision requirements and procedures
2. Site plan review requirements and procedures
3. Tree preservation, landscaping and open space requirements
4. Zoning district use regulations, including the TOD/TOC regulations
5. Lot and yard regulations for principal and accessory uses, structures, and buildings
6. Rezoning, special exception variance and appeal procedures, to include an administrative
variance process
7. Flex, reserve and Local Activity Center unit allocation procedures
8. Basic design and appearance guidelines for non-residential, mixed use and multi-family
districts
9. Sign regulations
10. Parking regulations, including mixed-use (hotel/residential/retail) parking requirements
11. Consolidate and update alcoholic beverage regulations
12. Parking and storage of commercial and recreational vehicles, boats, and trailers in
residential zoning districts
13. Waterway use, lot, and yard regulations
14. Incorporate mobile home park regulations, including but not limited to setbacks, pervious
area, carports, accessory structures and parking
15. Make recommendations and provide updates or rewrites of other provisions of the code,
as recommended by Consultant
16. Propose appropriate standards for the maintenance, appearance, condition and occupancy
of property.
C. Community Meetings. Consultant will conduct three (3) citywide meetings. These meetings
will occur near the completion of the draft code so that the results can be incorporated in the final
document and to provide continuity in the public participation process for both the citywide
meetings and the public hearing and adoption process. The main focus of the citywide meetings
will be to discuss single family residential zoning issues including, but not limited to, regulations
applicable to commercial and recreational vehicles such as RVs and boats, and waterway uses
and development regulations.
1 I RESOLUTION 42008-027
D. Presentation and Adoption Process. Consultant will prepare a formal presentation of the
public participation process and a summary of the updated Code, and make one (1) presentation
to the City's Planning & Zoning and Marine Advisory Boards in a joint workshop, and a total of
three (3) presentations to the City Commission.
12 RESOLUTION #2008-027
EXHIBIT `B"
FEE FOR SERVICES
The total fee for services shall be $204,000. Each task may cost more or less, but in no event
shall the cost for the project exceed the stated total fee for services. The stated fee for services
includes, as described in detail below, three city-wide meetings, four formal meetings with staff,
one joint meeting of the Planning & Zoning and Marine Advisory Boards, and three City
Commission meetings.
A. Citywide Meetings: $7,500 for first meeting
$7,500 for second meeting
$5,500 for third meeting
$ 425 for postage and mailings, based upon list provided by City
(approximately 100 mailings)
$ 400 for light refreshments at meeting
TOTAL: $21,325
Note: City will provide venue, and set up and clean up of venue. Additional community
meetings will be billed at an hourly rate in accordance with the attached Exhibit "C", not
to exceed $7,500 per meeting, exclusive of direct cost for items such as postage, mailings
and refreshments.
B. Meetings with Staff: $3,900. Based upon four (4) meetings, 2.5 hours each (including
travel time) with Senior Associate. Includes Principal in 2 out of the 4 meetings. Additional
meetings will be billed at the prevailing hourly rate, attached as Exhibit"C".
C. Prepare citywide Unified Land Development Code: $150,000, including legal review.
City shall receive one entire hard copy of new code in a binder, and a CD of new code.
Additional paper copies, as requested by the City, shall be billed at direct cost to produce
(estimated at $100 per copy).
D. Presentation and Adoption Process:
Prepare presentation and present to joint meeting of Planning & Zoning Board and Marine
Advisory Board. Research/consider recommended changes: $7,900.
Presentation to City Commission at workshop: $ 7,900
Revise as directed and present at first public hearing: $ 7,900
Second and final public hearing: $ 5,075
TOTAL: $20,875
Additional Planning and Zoning Board, Marine Advisory Board, and City Commission meetings
will be billed at an hourly rate in accordance with the attached Exhibit "C", not to exceed $7,900
per meeting.
13 RESOLUTION #2008-027
EXHIBIT "C"
HOURLY RATE SCHEDULE
Classification Hourly Rate
Principal $190.00
Associate Principal 175.00
Senior Associate 165.00
Planning Project Manager 150.00
Associate Planner 125.00
Planner 100.00
Assistant Planner 85.00
Planning Intern 65.00
Administrative 45.00
Expert Witness Testimony/Deposition $275.00
Copies: $0.05 black/white
$0.15 color
Mileage: prevailing government rate
14 RESOLUTION #2008-027