HomeMy WebLinkAboutR-2015-042 - Executed a Consulting Services Agreement with Anne Castro Strategies, P.A. pertaining to matters associated with the Airport not to exceed $20,000.00 RESOLUTION NO. 2015-042
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
ENTER INTO AND EXECUTE A CONSULTING SERVICES AGREEMENT
WITH ANNE CASTRO STRATEGIES, P.A., PERTAINING TO MATTERS
ASSOCIATED WITH THE FORT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT, IN AN AMOUNT NOT TO EXCEED
TWENTY THOUSAND DOLLARS ($20,000.00); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida (the "City") desires to engage consulting
services from Anne Castro Strategies, P.A., (the "Consultant") for the purpose of assisting the
City in issues associated with the Fort Lauderdale-Hollywood International Airport, which
services include devising strategies for assisting the City, its residents and businesses, and the
Dania Beach Airport Advisory Board, as well as coordination with Broward County and the
Federal Aviation Administration (the "FAA"), to help improve living and working conditions for
City residents and businesses; and
WHEREAS, since Consultant is expected to assist the City in seeking compliance with
various elements of the Airport Settlement Agreement,which is an Interlocal Agreement existing
between Broward County and the City, and will aid in the expected new Part 150 Study process,
as well as coordinate efforts with the County on behalf of the City to try to ensure that there are
more quiet skies over the City's communities, the City desires to engage Consultant to provide
services;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are true and correct, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City Officials to enter
into and execute a Consulting Services Agreement with Anne Castro Strategies, P.A., for issues
associated with the Fort Lauderdale-Hollywood International Airport.
Section 3. The City Commission authorizes and directs City Administration to
compensate Anne Castro Strategies, P.A., for the Consulting Services as referenced in the Scope
of Services attached to and incorporated into a Consulting Services Agreement commencing on
May 1, 2015 (copies of which Agreement and Scope of Services are attached and made a part of
and incorporated into this Resolution by this reference), by paying Anne Castro Strategies, P.A.,
monthly installments of One Thousand Six Hundred Sixty Six Dollars and .66 ($1,666.66)
beginning June 1, 2015 for a term of one (1) year, up to and including through Fiscal Year 2014-
2015, for an annual amount not to exceed Twenty Thousand Dollars ($20,000.00), with one or
more renewable terms which will be at the CITY's sole discretion.
Section 4. That the City Commission authorizes and directs City Administration and
appropriates funding for Anne Castro Strategies, P.A., for fiscal year 2014-2015 as follows:
Appropriations of Funds Sources/Transfer From:
General Fund, General Services, Contingency Account,
Account No. 001-18-00-519-99-10 ($20,000.00)
Appropriation of Funds To:
General Fund, City Commission
Professional Services Account,
Account No. 001-11-01-511-31-10 $20,000.00.
Section 5. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement as are deemed necessary and proper in the best interests of the City.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on April 28, 2015.
ATTEST:
LOUISE STILSON, CMC A. SALVINO, SR.
CITY CLERK 4YOR
� rAs
APPROVED AS TO D CORRECTNESS: s �'
THO S J. SBR
CITY ATT RNEY
2 RESOLUTION#2015-042
CONSULTING SERVICES AGREEMENT BETWEEN
ANNE CASTRO STRATEGIES,P.A.,
AND THE CITY OF DANIA BEACH,FLORIDA
This is a Consulting Services Agreement (the "Agreement") made and beginning
effective on May 1, 2015, by and between the City of Dania Beach, Florida, a Florida municipal
corporation, referred to as "City", and Anne Castro Strategies, P.A., a Florida Professional
Association, referred to as "Consultant".
City desires to engage Consultant for the purpose of assisting City in matters relative to
the Fort Lauderdale-Hollywood International Airport(the "Airport").
In consideration of the mutual terms, conditions, and payments set forth in this
Agreement, the sufficiency and receipt of which are acknowledged and agreed upon, the City
and Consultant agree as follows:
1. Payment: Compensation for the Consulting Services as referenced in the Scope
of Services in this Consulting Services Agreement, shall be paid in monthly installments of One
Thousand Six Hundred Sixty Six Dollars and .66 ($1,666.66) beginning June 1, 2015, for an
amount not to exceed Twenty Thousand Dollars ($20,000.00), up to and through Fiscal Year
2014-2015, with a term ending on May 1, 2016. The parties agree that the City, at its sole
discretion, may renew the term and the parties may modify other provisions of this Agreement
for one or more renewed or additional periods of time.
2. Services: The Services to be performed by Consultant are described in the Scope
of Work labeled as Exhibit"A", a copy of which is attached and made a part of and incorporated
into this Agreement by this reference.
3. Expenses: Consultant will be responsible for all expenses incurred by her and on
her behalf, excluding out of town travel, for which expenses the City will reimburse the
Consultant based on City's travel policies.
4. Independent Contractor Status: It is understood by the parties that Consultant is
an independent contractor with respect to City, and not an employee of City. City will not
provide any fringe or any other employee benefits to Consultant. Consultant will report directly
to the City Manager or the designee chosen by the City Manager.
5. Jurisdiction: This Consulting Services Agreement and services performed under
it shall be subject to and construed in accordance with the laws of the State of Florida. In any
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action or proceeding that may be brought arising out of, in connection with, or by reason of this
Agreement, the laws of the State of Florida shall be applicable. Venue for any dispute shall lie
with state and federal courts of appropriate jurisdiction located in Broward County, Florida.
6. Binding Authority: Each person signing this Agreement individually warrants
that each has full legal power to execute this Agreement on behalf of the party for which he or
she is signing, and is authorized to bind and obligate such party with respect to all provisions
contained in this Agreement.
7. Severability: If any provision of this Agreement or 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, and shall continue
in full force and effect, and shall be enforced to the fullest extent permitted by law.
IN WITNESS OF THE FOREGOING, the parties, by their authorized undersigned
representatives have-executed this Consulting Services Agreement effective as of the date first
set forth above.
CITY:
CITY OF DANIA BEACH,FLORIDA
ATTEST: a municipal corporation
Louise Stilson, CMC Robert Baldwin
City Clerk City Manager
Dated , 2015
APPROVED AS TO FORM:
Thomas J. Ansbro
City Attorney
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CONSULTANT:
ANNE CASTRO STRATEGIES,P.A.,
WITNESSES: a Florida Professional Association
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name
STATE OF FLORIDA )
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me on 2015, by
Anne Castro, as President of Anne Castro Strategies, P.A., a Florida Professional Association, on
behalf of the Professional Association. She is personally known to me or produced
as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
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EXHIBIT"A"
SCOPE OF WORK
ANNE CASTRO STRATEGIES,P.A.
838 NW 10TH AVENUE
DANIA BEACH, FL 33004
DATE: APRIL 23, 2015
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INTRODUCTION/BACKGROUND
Broward County ("County") owns and operates through its Broward County Aviation
Department ("BCAD"), the Fort Lauderdale-Hollywood International Airport ("Airport"). The
Airport is immediately surrounded by several municipalities including Dania Beach, Davie,
Hollywood and Fort Lauderdale. The Federal Aviation Administration ("FAA") approved the
expansion of Airport Runway 9R-27L, now known as 1 OR-28L ("South Runway"). The Record
of Decision ("ROD") was issued by the FAA in 2008 authorizing an unrestricted runway. The
ROD also authorized the County to implement a noise mitigation program to address the impacts
on residential areas within the 65+ DNL noise contours. After several legal challenges, the City
of Dania Beach (the "City") reached a settlement agreement in 2010, which was not approved by
the FAA. Subsequently, another Interlocal Settlement Agreement was reached and approved by
the FAA and executed by Broward County and the City in November of 2013 ("Agreement").
The Agreement includes a noise mitigation program. The elements of the noise
mitigation program were comprised of. voluntary night closure of the South Runway (10 p.m. to
5 a.m.), voluntary noise insulation of residential units located in the 65+ DNL noise contour to
the next natural boundary (approximately 1,706 single and multi-family units), a Voluntary Sales
Assistance Program and a "Conveyance and Release ("CAR") Program (approximately 857
units), and voluntary acquisition of mobile home parks identified in the ROD.
The ROD noise contours are based on certain parameters that were utilized to model the
aircraft operations on the new runway. However, since the runway became operational on
September 18, 2014, it has become evident that the flight paths used in the modeling are not
being followed or utilized by the Airport and the carriers. This is resulting in excessive noise in
the communities and municipalities that surround the Airport. The noise is causing deleterious
impacts on the quality of life for families, including seniors and children, as well as animals,
livestock, landscaping and agriculture.
Some of the programs are dependent upon one another. For instance, a property owner
cannot participate in the Sales Assistance/CAR program unless the affected home has been
sound insulated or already has a habitable interior noise level of 45dB or less. Both BCAD and
the FAA believe a new Part 150 study will result in a reduction in the current noise contours
which would operate to eliminate benefits to some property owners who reside within the current
noise contours.
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Finally, the sound insulation program is behind schedule, causing a domino effect upon
all other noise mitigation programs including implementation of the Sales Assistance/CAR
Program, and the Part 150 study.
SCOPE OF WORK
The scope of work (the "Work") for the Consultant includes working with City staff to
expedite the current noise mitigation program, and to persuade the County, through BCAD, to
implement flight operation plans and procedures at the Airport that will create more quiet skies
over the residential and business communities within the City. Additionally, the Consultant will
work with City staff to develop a strategy and act in an advisory capacity to develop elements
within the new Part 150 study to reduce the noise impact of the Airport. Some of these elements
may include implementation of an "RNAV" process, constant descent arrivals, close in
departures, and any other programs within the industry. The Consultant will utilize history and
experience working with the FAA and BCAD in the past, knowledge of the complex issues and
regulations, and communication and mediation skills, in order to assist the City in accomplishing
the goals with the County and FAA.
Legal opinions and legal representation of the City by the Consultant are not included in
the Work.
PERIOD OF PERFORMANCE
The initial term or period of performance will be from May 1, 2015 to May 1, 2016 with
the ability of the City in its sole discretion to extend the term, possibly up to and including the
completion date of a new Part 150 study anticipated by the Settlement Agreement.
PLACE OF PERFORMANCE
Work will be performed offsite and include after-hours work, which will require
attendance at City meetings. The Consultant will meet at City facilities or by telephone at
intervals as necessary to develop strategy, meet with third parties, and provide status updates.
The Consultant will also meet with the City Commission during regular meetings as needed.
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WORK REQUIREMENTS
The tasks the Consultant will complete include, but are not limited to, the following to
successfully achieve the goals:
➢ Consultant shall meet with City staff as necessary to develop strategies and provide
advice.
➢ Consultant shall meet or contact (or both meet and contact) third parties such as the
County, BCAD, and the FAA on behalf of the City consistent with developed strategies.
➢ Consultant will schedule and engage in meetings with neighboring communities
(municipal officials and staff)to ensure a unified strategy is developed relative to noise reduction
at the Airport.
➢ Consultant shall coordinate with the City to request public records and reports from
various agencies and organizations including, but not limited to, the County, BCAD and the
FAA.
➢ Consultant shall work with City staff to monitor and review BCAD activities related to
operations and noise mitigation programs at the Airport.
➢ Consultant shall coordinate with City on strategy and participation in the expected new
Part 150 noise study for the Airport, including any County Request for Proposals ("RFP") and
procurement processes as well as actual study activities.
➢ Consultant will attend community meetings as needed.
➢ Consultant will attend other advisory board, staff, and third party meetings as requested
and needed by City, schedule allowing.
➢ Consultant will meet with County, BCAD, FAA and other agencies' representatives as
needed.
➢ Consultant will complete other tasks as negotiated, agreed, and assigned with
commitment to furtherance of the goals stated in this Scope of Work.
➢ Consultant will coordinate with federal and state legislators and City lobbyists as
necessary for performance of the Work.
➢ Consultant will confer and coordinate with the City Attorney, Special Counsel Neal
McAliley and the City Manager, to identify and submit suggestions for the engagement of a
lobbyist to assist with Airport matters as specified in the Agreement and the Scope of Work.
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SCHEDULE/MILESTONES
The below list consists of the initial milestones for the Consultant:
Agreement approval (City Commission meeting) April 28, 2015
Meet with City representatives to formalize May 30th, 2015
work flow and communication processes.
Develop basic strategy outline for the City. August 30th, 2015
Develop community communication strategy
in coordination with City Administration September 30th, 2015
Review work performance with City March 1, 2016
Administration
OTHER REQUIREMENTS
The Consultant will be reimbursed by the City for any travel outside Broward County,
such as, but not limited to, any trips to FAA offices in Orlando, Atlanta, or Washington D.C. All
travel expenses shall be subject to City policies and procurement requirements.
Consultant will report directly to the City Manager and all strategies utilized by the
Consultant will require approval in advance by the City Manager or his designee(s).
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