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HomeMy WebLinkAboutR-2012-053 - Authorized an Agreement for Consulting Services with New Community Strategies, Inc. to provide services for the Community Development Department not to exceed $65,400.00 RESOLUTION NO. 2012-053 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 NEW COMMUNITY STRATEGIES, INC. TO PROVIDE MANAGEMENT CONSULTANT SERVICES ASSOCIATED WITH THE CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $65,400.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of the established monetary threshold 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; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection(a), sets the monetary threshold or limitation at $25,000.00; and WHEREAS, the City Manager has determined that it is in the best interest of the City to have management consulting services through New Community Services; and WHEREAS, a copy of the Agreement with New Community Strategies, Inc. is attached as Exhibit "A", which is made a part of and it is incorporated into this Resolution by this reference; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the proper City officials are authorized to execute an Agreement with New Community Strategies, Inc., and such services shall not exceed the amount of$65,400.00. Section 2. That the funding for this Agreement will be provided from the General Fund, Community Development Department — Administration through a transfer of appropriated funds planned for Director salary and benefits into Contractual Services Account No. 001-15-01- 515-34-10. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement which are deemed necessary and proper and in the best interests of the City. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on April 24, 2012. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO FO ND CORRECTNESS: Q��p`S FIitST�? r THO �Sj X14SAR CITY ATT RNEY 2 RESOLUTION#2012-053 EXHIBIT "A" CONSULTING SERVICES AGREEMENT THIS IS AN AGREEMENT made and entered into on this day of , 2012, by and between the City of Dania Beach, Florida, a Municipal corporation of the State of Florida, hereinafter referred to as "City" and New Community Strategies, Inc., hereinafter referred to as "Consultant", to provide to City the services of Mr. Marc C. LaFerrier, AICP, an individual. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants and promises hereinafter contained, the City and the Consultant do hereby covenant and agree as follows: 1. The City does hereby retain New Community Strategies, Inc. to be an independent contractor of the City to fulfill the duties of Director of Community Development as described herein. 2. During the term of this Agreement, the Consultant shall fulfill the following to the satisfaction of the City Commission: (a) Perform the functions and duties as specified by the City Manager, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. 3. During the term of this Agreement the City shall: (a) Pay Consultant at the rate of Ten Thousand Eight Hundred Ninety Eight Dollars and 91 cents ($10,898.91)per month worked by the Consultant. (b) City shall not provide any insurance coverage of any kind for Consultant or Consultant's staff, and City will not withhold any amount that would normally be withheld from any employee's pay. 4. Consultant shall at its expense provide Workers Compensation Insurance coverage for staff that provides services under this Agreement. 5. Either party may terminate this Agreement by giving thirty (30)days' written notice to the other party. 3 RESOLUTION#2012-053 6. Consultant is an independent contractor and neither Consultant nor Consultant's staff is or shall be deemed to be employed by the City. City is contracting with Consultant for the performance of the services and the Consultant reserves the right to determine the method, manner and means by which the services will be performed. 7. This Agreement contains the entire understanding between the parties to it with respect to the matters covered in the Agreement. No other agreements, representation, warranties or other matters, oral or written, shall be deemed to bind the parties with respect to the subject matter of this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Florida. 9. Notices should be sent to: City: City of Dania Beach Attn: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: New Community Strategies, Inc. 4801 South University Drive, Suite 132 Davie Florida 33330 10. This Agreement may not be assigned by either party without the prior written consent of the other party. 4 RESOLUTION#2012-053 IN WITNESS WHEREOF, the City of Dania Beach and New Community Strategies, Inc. have caused this Agreement to be signed and executed, in duplicate, the day and year first written above. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER PATRICIA A. FLURY MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 5 RESOLUTION#2012-053 CONSULTANT: NEW COMMUNITY STRATEGIES, INC. Signature PRINT Name Title STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) THIS IS TO CERTIFY, that on , 2012, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared , as , on behalf of New Community Strategies, Inc. a Florida corporation, who is personally known to me or produced , as identification. NOTARY PUBLIC My Commission Expires: PRINT Name 6 RESOLUTION#2012-053