HomeMy WebLinkAboutR-2011-018 - Agr. w-Mellgren Planning Group -Re. implementation of Westside Master Plan RESOLUTION NO. 2011-018
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT FOR CONSULTING SERVICES WITH THE
MELLGREN PLANNING GROUP, INC. TO PROVIDE PLANNING
CONSULTANT SERVICES ASSOCIATED WITH THE IMPLEMENTATION OF
THE DANIA BEACH WESTSIDE MASTER PLAN(GRIFFIN ROAD LAND USE
PLAN AMENDMENTS) FOR AN AMOUNT NOT TO EXCEED $33,500.00;
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.,attached in
substantial form as Exhibit "A" is approved, in connection with the implementation of the Dania
Beach Westside Master Plan (Griffin Road Land Use Plan Amendments) and the proper City
officials are authorized to execute such Agreement for an amount not to exceed $33,500.00.
Section 2. That the City Manager and City Attorney are authorized to make minor
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repealed to the extent of such conflict.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 22, 2011.
ATTEST: �ARo`S F1�T��ry
LOUI STILSON, i
C. K. McEL
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS TO FORM AND CORRECTNESS:
i
TH MA J. AN BRO
CITY A TORNEY
EXHIBIT "A"
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on , 2011,
between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and
THE MELLGREN PLANNING GROUP, 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 agrees that services
are to commenced or will commence on and that that date is the effective
date and commencement date of the services.
2. Subcontracts. Consultant may subcontract certain items of work. It is expressly
agreed by the parties,however,that the City shall approve in advance in writing any subcontractors
and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such
work.
3. 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. 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 agree to cooperate by promptly conferring
2 RESOLUTION#2011-018
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.
4. 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.
5. 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 ( 000000. )$1 00 per occurrence
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
3 RESOLUTION#2011-018
($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.
6. A. 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. The City is relying upon the apparent qualifications and expertise of Michelle
Mellgren,one of Consultant's principals,and such person's familiarity with the City's circumstances
and desires. In the event Consultant wishes to re-assign or replace such individual,the Consultant
shall tender substitutes acceptable to City. In the event the City is not,for any reason or no reason at
all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement.
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.
B. The Consultant acknowledges,understands and agrees that its performance under this
Agreement is or may be contingent upon the City receiving timely services from other consultants
(the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its
services with the services of the Supporting Consultants and further agrees that in the event the
rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle
the Consultant to any additional compensation or payment of any kind. Furthermore,the Consultant
shall not be entitled to an increase in compensation,or be entitled to payment of any kind from the
City,for damages or expenses incurred which are direct,indirect or consequential or other costs and
lost profits of any kind including,but not limited to, costs of acceleration,inefficiency or extended
overhead,arising because of any other delay,disruption,interruption,interference or hindrance from
any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision
shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by
fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be
entitled to extensions of time for performance as the exclusive and sole remedy for delay.
7. 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,
4 RESOLUTION#2011-018
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.
8. 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 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.
9. 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.
10. 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: Robert Baldwin, City Manager
5 RESOLUTION#2011-018
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
11. 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.
12. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
13. 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 parry shall bear its own costs and
expenses including, but not limited to, court costs and reasonable attorneys' fees.
14. Headings. Headings in this document are for convenience of reference only and are
not to be considered in any interpretation of this Agreement.
15. 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.
16. 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.
17. 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.
6 RESOLUTION#2011-018
18. 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.
19. 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 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.
20. 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.
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#2011-018
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 C. K MCELYEA
CITY CLERK MAYOR
ROBERT BALDWIN, CITY MANAGER
APPROVED FOR FORM
AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
8 RESOLUTION#2011-018
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 ,2011,
by Michele Mellgren,as President,of The 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:
9 RESOLUTION#2011-018
EXHIBIT "A"
SCOPE OF SERVICES
Griffin Road Corridor
Task 1: Determine Appropriate Land Use Categories
The Mellgren Planning Group will meet with city planning staff to analyze the benefits and
drawbacks of the four potential land use categories --- Commercial, Employment Center Low,
Employment Center High and Office --- and determine which of these categories would be the
most beneficial to the City, and where these land use plan amendment(LUPA) designations
should be placed on the future land use plan map.
Task 2: Determine Residential Parcels in LUPA
We will determine the number of residential parcels in the LUPA area, which will be used as part
of the justification for the LUPA we propose to undertake as described below, on the far west
edge of Westside, south of Griffin Road.
Task 3: Prepare the LUPA Application
TMPG will prepare the entire application, including maps, consistent with the requirements of
Ch. 163, F.S. This does not include preparing the mailing labels or notifications required by the
Broward County Planning Council. We anticipate the City will complete this work.
Task 4: Attend City Public Hearings
The City is required to have transmittal public hearings before the Local Planning Agency and
the City Commission. We will attend each of these two meetings.
Task 5: Meetings with County Officials
TMPG will accompany City officials to meetings with County officials to discuss the application.
Task 6: Attend Broward County Planning Council and County Commission Meetings
The next public hearings will be before the Planning Council and County Commission for
transmittal of the application to the State Department of Community Affairs. We will attend
these two meetings.
Task 7: Transmittal Package
This task requires duplication, binding and delivery of the requisite number of packages for
reviewing agencies.
Task 8: Correspondence with DCA
We will respond to all comments and questions provided by the reviewing agencies.
Task 9: Complete Adoption Process
Under this task, we will prepare the adopting ordinance, transmittal package and attend to other
details. This scope assumes that City staff will attend the final adoption hearing before the City
Commission, and will take care of recertifying the future land use plan map with the Broward
10 RESOLUTION#2011-018
County Planning Council.
Far Westside South of Griffin Road
Task 1: Determine Appropriate Land Use Categories
The Mellgren Planning Group will workshop with city planning staff to analyze the benefits and
drawbacks of the four potential land use categories --- Commercial, Employment Center Low,
Employment Center High and Office ---and determine which of these categories would be the
most beneficial to the City, and where these land use plan amendment (LUPA) designations
should be placed on the future land use plan map.
Task 2: Map Area of Land Use Amendment
TMPG will map the area that will be the subject of these amendments, create legal descriptions
and determine acreage.
Task 3: Prepare the LUPA Application
TMPG will prepare the entire application, including maps, consistent with the requirements of
Ch. 163, F.S., including the schools analysis. This does not include preparing the mailing labels
or notifications required by the Broward County Planning Council. We anticipate the City will
complete this work.
Task 4: Meet with the Broward County School Board
The meeting will be required due to the residential nature of the application.
Task 5: Attend City Public Hearings
The City is required to have transmittal public hearings before the Local Planning Agency and
the City Commission. We will attend each of these two meetings.
Task 6: Meetings with County Officials
TMPG will accompany City officials to meet with County Officials to discuss the application.
Task 7: Attend Broward County Planning Council and County Commission Meetings
The next public hearings will be before the Planning Council and County Commission for
transmittal of the application to the State Department of Community Affairs. We will attend
these two meetings.
Task 8: Transmittal Package
This task requires duplication, binding and delivery of the requisite number of packages for
reviewing agencies.
Task 9: Correspondence with DCA
We will respond to all comments and questions provided by the reviewing agencies.
11 RESOLUTION#2011-018
Task 10: Complete Adoption Process
Under this task, we will prepare the adopting ordinance, transmittal package and attend to other
details. This scope assumes that City staff will attend the final adoption hearing before the City
Commission, and will take care of recertifying the future land use plan map with the Broward
County Planning Council.
Tasks 4, 5 and 6 of the Griffin Road Corridor LUPA and Tasks 5, 6 and 7 of the Far Westside
LUPA will occur at the same respective meetings.
12 RESOLUTION#2011-018
EXHIBIT "B"
FEE FOR SERVICES
Fee for Professional Services: $33,500, Hourly Not-To-Exceed, inclusive of TMPG direct costs.
This fee does not include any application fees($12,146 per application to the Planning Council)or
the cost of courtesy mailings required by the Planning Council(estimated to be$2,800),or any fees
or expenses incurred by the City or due to City requirements. This fee is based on the fact that tasks
4,5 and 6 of the Griffin Road LUPA and tasks 5,6 and 7 of the Far Westside LUPA will occur at the
same respective meetings.
13 RESOLUTION#2011-018
EXHIBIT "C"
HOURLY RATE SCHEDULE
Classification Hourly Rate
Principal $190.00
Senior Associate 175.00
Planner 100.00
Planning Assistant 85.00
Planning Intern 65.00
Administrative 50.00
Expert Witness Testimony/Deposition $300.00
Copies: $ 0.05 black/white
$ 0.15 color
Mileage: prevailing government rate
14 RESOLUTION#2011-018