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HomeMy WebLinkAboutR-2008-223 Landscaping specialist services with Esciences, inc. RESOLUTION NO. 2008-223 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ESCIENCES, INC., TO PROVIDE CONSULTING LANDSCAPE SPECIALIST SERVICES TO THE CITY IN CONNECTION WITH SITE PLAN, BUILDING PERMIT AND CODE COMPLIANCE REVIEW, FOR A FEE NOT TO EXCEED $35,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to a provision in the Charter of the City of Dania (Part III, Article 3, Section 4, Subsection 0)), the City Manager is authorized to purchase supplies, services, equipment and materials for City government in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission when such purchases are necessary due to the presence of unusual conditions; and WHEREAS, the City Manager has determined that certain consulting landscape specialist services needed by the City can be obtained at the least cost by executing an agreement with Esciences, Inc., such services to be provided in connection with site plan, building permit and code compliance plan reviews; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission finds that due to the presence of unusual conditions, it is necessary to authorize the proper City officials to execute an agreement with Esciences, Inc., to provide consulting landscape specialist services to the City, for a fee not to exceed $35,000.00, a copy of which Agreement is attached and incorporated by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on December 9, 2008. ALBERT C. JONES O�Q�Ppo's ci c�rj OR-COMMISSI R ATTEST- _ l LOUISE STILSON, CMC CITY CLERKPQMR } APPROVED AS TO FO D CORRECTNESS: BY: TH MA J. ARSBROP CITY ATTORNEY 2 RESOLUTION #2008-223 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on , 2008, between:THE CITY OF DANIA BEACH,FLORIDA,a municipal corporation(the"City")and E Sciences,Inc.,a Florida corporation(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: I. Scone 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 on ,2008 and that that date is the effective date and commencement date of the services. 2. moment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section I,an agreed upon hourly rate of$100.00 per hour for cost-recovery services and$75.00 per hour for non cost-recovery services(the"Fee").Consult Exhibit A for a description of cost recovery work and non cost-recovery services.The Fee includes full payment,including all labor,overhead and other costs.No travel and meal costs are reimbursable unless incurred outside of Broward County and approved in writing in advance by the City.Any such costs are payable at the City reimbursement rate. B. Any necessary additional work,as determined by City,which is not covered by the scope of services described in the attached Exhibit"A shall not be undertaken without a written amendment to this Agreement to that effect,executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. 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 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 agreeto cooperate by promptly conferring to resolve the disputed portion. E. 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. 3 RESOLUTION #2008-223 3. 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. 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 provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify and hold harmless 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. 4. Insurance. Consultant shall provide,pay for and maintain in force at al I times during the term of this Agreement,such insurance as specified in writing by the City Risk Manager.Such insurance shall include comprehensive general liability insurance combined single limit for bodily injury liability and property damage liability and automobile liability with minimum limit of Five Hundred Thousand Dollars($500,000.00)combined single limit.The Consultant shall also maintain Worker's Compensation Insurance per statutory requirements and professional errors and omissions insurances at a level of$1,000,000 per claim/$2,000,000 aggregate. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. The City is to be included as an"additional insured"with respect to any claims arising out of this Agreement.The consultant shall provide ten(10)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. 5. 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. 6. 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 4 RESOLUTION 02008-223 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. 7. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City or the Consultant may terminate this Agreement at any time forany reason orno reason at all by giving the other party notice by certified mail,return receipt requested,directed to the principal office of the other party,fifteen(15)days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision,the Consultant shall be entitled 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 hours 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. 8. Ownership of Documents. All correspondence,studies,data,analyses,documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant(and Consultant's independent professional subcontractors or sub consultants)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. Consultant shall be allowed to retain file copies of all correspondence,studies,data analyses,documents,and drawings prepared by consultant. 9. 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: E Sciences,Inc.. Attention: Michael McCoy 5 RESOLUTION #2008-223 5310 N W 33r°Ave,Ste 201 Ft.Lauderdale,FL 33309 10. 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. 11. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 12. 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. 13. Hcadines. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 14. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is apart of this Agreement and each is incorporated by this reference. 15. 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. 16. 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. 17. Consultant shall be and remain an independent contractor and not an employee of City with respect to all ofthe 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 ofjoint undertaking,enterprise or venture between the parties to this Agreement. 18. 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 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 6 RESOLUTION #2008-223 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 as available within the appropriate fiscal year budget. 19, 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 orchild ofsuch 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. 20. Consultant warrants and agrees that it will not knowingly represent any officer,agent or employee of any developer,builder,contractor,architect,or engineer,either directly or indirectly, for projects involving planning,design,engineering,development or construction of any residential ornon-residential development in the City of Dania Beach,while also performing services under this contract for the same projects. 21. 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. 22, 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). 7 RESOLUTION #2008-223 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 IVAN PATO,CITY MANAGER APPROVED FOR FORM APPROVED AS TO`SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J.ANSBRO CORINNE LAJOIE,ACTING DIRECTOR CITY ATTORNEY COMMUNITY DEVELOPMENT CONSULTANT: Signed,sealed and delivered E Sciences,Inc,a Florida corporation in the presence of: By' _ Signature James assert,P.E.,Vice President Print Name Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD g RESOLUTION #2008-223 The foregoing instrument was acknowledged before me on— ,2008, by James S. Bassett,as Vice President of E Sciences,Inc.,a Florida corporation,on behalf of the corporation. Such person is personally known to me (or has produced as identification). aA^ NOTA Y PUBLIC,State of Florida My commission expires: S//�/a0 I P� 'rv: JOYF L.CARaON My COMMISSION t ODa99aa8 E%PIREa MBY 19,2a11 Iwrl lWyrw rrO1p'^01Yram��.mm 9 RESOLUTION #2008-223 EXHIBIT A Cost-Recovery Services(services in which the costs are passed on to a third party) Landscaoe Review: Consultant will review landscape plans submitted by developers seeking approval from the City,for the purpose of evaluating compliance with the City Code of Ordinance and with current standards and practices of arboriculture including the current version of the Florida Department of Agriculture and Consumer Services Grades and Standards and the current version of the American National Standards Institute(ANSI)A300 standards.Landscape review shall also include:(1)pre-application site inspections and meetings with developers or their agents as authorized by the Community Development Director for purposes of reviewing tree preservation,relocation,or removal plans in accordance with the standards in this paragraph,and(2)meetings and telephone conversations with developers regarding landscape plans for which a site plan application (including fees) has been submitted. Consultant will provide an email and/or hard copy memo of comments and recommendations for each set of plans reviewed. Consultant will pick up newly submitted landscape plans a minimum of one day per week and will return the plans with comments and recommendations within two weeks(10 business days)of receiving the plans. Subsequent revisions to landscape plans initially reviewed by the Consultant will be reviewed in the same manner,with comments and recommendations provided within two weeks(10 business days)of receiving the revised plans. Landscape Site Inspection: Consultant will conduct on-site field inspections with representatives for developers and conduct field reviews as needed, to promote and verify compliance with approved landscape plans, applicable sections of the City Code of Ordinance and industry standards including the current version of the Florida Department of Agriculture and Consumer Services Grades and Standards and the current version of the American National Standards Institute (ANSI) A300 standards, for establishment and care of landscape plantings. Field inspections may include a pre-application meeting,construction site visits to monitor compliance with approved landscape plans,completion inspection visits to release certificates of occupancy and final compliance inspections for bond release. 10 RESOLUTION #2008-223 Pre-Application Meetings: In conjunction with major project landscape review,the Consultant will attend one Development Review Committee meeting per month as well as additional meetings at the request of the Community Development Department, for the purposes of presenting and discussing landscape review comments with the applicant as well as other City staff.The date of the meetings will be determined by the Community Development Director and will be coordinated with the Consultant a minimum of two weeks in advance. Non Cost-Recovery Services(services in which the costs are paid from City funds) General Landscape Support: Consultant will be available by phone, email or in-person as requested by the Community Development Director to answering questions from developers not pertaining to an active site plan approval,as well as general questions from City staff,builders,landscapers,tree-trimmers or home or other property owners. Tree Removal License Application Review: The Consultant will pick up newly submitted Tree Removal License Applications from the Community Development Department a minimum of one day per week, and will return the applications with approval/denial and conditions of authorization information completed. Reviewof Tree Removal License Applications may include a field review of the tree(s)proposed for removal, recommendation for acceptance or denial of authorization to remove the tree(s), mitigation requirements including restoration pruning(for damaged trees)and/or replacement plantings,tree relocation or payment into the City Landscape Trust Fund. Sites will be re-inspected in accordance with the City code for compliance purposes. Code Compliance and Landscape Maintenance Support: The Consultant will conduct a field evaluation of trees deemed by the City Code Compliance Inspector to be potential hazard trees or having potential violations of the City Landscape Code.The Consultant will also conduct field evaluations in support of the City's Public Services Department. The Consultant will conduct field investigation and provide comments and recommendations to the City within two business days of receiving a request(by phone or email)from the City. 11 RESOLUTION #2008-223 Additional Arboricultural Services: The City may request the consultant to conduct additional arboricultural services related to the aforementioned services,to provide further support to the Community Development Department as needed. Activities outside of the scope of the above mentioned services may be included in a separate contract agreement as requested by either the City or the Consultant. General Note: Memorandums including recommendations will be submitted by email unless a hard copy is requested by the City. 12 RESOLUTION#2008-223 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 9, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: AMENDED PROFESSIONAL SERVICES CONTRACT FOR SPECIALIZED LANDSCAPE CONSULTANT SERVICES WITH THE FIRM OF ESCIENCES, INC. Attached please find an updated consultant agreement with ESciences, Inc. The firm of ESciences has been actively performing specialized landscape consulting services for the City since 2007. The attached contract and resolution will approve expenditures for the firms continued service in excess of $25,000 as per Article 5. Contracts of the Dania Beach City Code.