HomeMy WebLinkAboutReso 2019-2941 RESOLUTION NO. 2019 -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
A CONSULTANT AGREEMENT WITH LYNN M.
DANNHEISSER, LLC FOR THE IMPLEMENTATION OF
THE CULTURAL MASTER PLAN, IN AN AMOUNT NOT
TO EXCEED SIXTY-FIVE THOUSAND DOLLARS
($65,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 17, 2016 via Resolution No. 2016-2635 the City Commission
approved the Sunny Isles Beach Cultural Master Plan ("CMP") as prepared by AEA Consulting;
and
WHEREAS, the CMP outlined a strategic vision for the arts and culture in the City over
the next five to ten years to create a better sense of community, create economic development
and cultural tourism, and improve the overall quality of life for all sectors of the City; and
WHEREAS, the City Commission, upon adoption of the CMP, indicated its desire to
implement parts of this Plan immediately; and
WHEREAS, on March 16th, 2017, via Resolution No. 2017-2674 the City Commission
approved a two (2) year consulting agreement with Lynn M. Dannheisser, LLC to provide
project management services for the day-to-day implementation of the CMP, in an amount not to
exceed $65,000.00; and
WHEREAS, Lynn M. Dannheisser has expressed her ability and desire to continue
providing the services to implement the City determined priorities of the CMP; and
WHEREAS, the City now wishes to approve a consultant agreement with Lynn M.
Dannheisser, LLC in an amount not to exceed Sixty-Five Thousand Dollars ($65,000.00) for a
period of two (2) years for the continued implementation of the Sunny Isles Beach Cultural
Master Plan, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves a Consultant
Agreement with Lynn M. Dannheisser, LLC for the continued implementation of the Sunny Isles
Beach Cultural Master Plan, in an amount not to exceed Sixty-Five Thousand Dollars
($65,000.00), for a period of two (2) years, attached hereto as Exhibit"A".
82019 Consultant Agmt Negotiation Lynn Dannheisser Doc Page 1 of 2
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED this 16th da, of Ma 2019.
:L,.
George H. holl, Mayor
,AT;TE'1 :
.Mauric •tBetaar, CMC, City Clerk
•
de) e7
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Edward A. Dion, City
Attorney
Moved by: GvAtticc,to 6e—
Seconded by: `J L 44068- SklEekJ •
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin -(Yes) (No)
Commissioner Goldman -7—(Yes) (No)
Commissioner Lama —T/(Yes) (No)
Commissioner Viscarra N (Yes) (No)
R2019 Consultant Agrnt Negotiation Lynn Dannheisser.Doc Page 2 of 2
`yVNNV CEJ
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
V Wil.
. � BEACH AND LYNN M. DANNHEISSER, LLC
FLO'L . CONTRACT NO. 2019 - 0455
os SUN
"Agreement")
(hereinafter referred to as the A ee
ment is
THIS CONTRACTUAL AGREEMENT �' )
made in duplicate, this day of May, 2019, by and between the CITY OF SUNNY ISLES
BEACH,Florida,(hereinafter referred to as"City"),and Lynn M.Dannheisser,LLC,successors
or assigns,authorized to do business in the State of Florida(hereinafter referred to as"Consultant"
or"Project Manager").
RECITALS
WHEREAS, the City's Cultural Master Plan ("CMP") outlines a strategic vision for the
arts and culture in the City over the next five to ten years to create a better sense of community,
create economic development and cultural tourism and improve the overall quality of life for all
sectors of the City in conjunction with the Sunny Isles Beach Foundation; and
WHEREAS, Consultant was the day to day project manager of the CMP effort and
oversaw the creation of the CMP and has the necessary experience to provide the services
discussed herein; and
WHEREAS,the Mayor&Commission,upon adoption of the CMP, indicated its desire to
implement parts of this Plan immediately as well as to continue the community and cultural bridge-
building efforts Consultant initiated for her work with the City, and as former executive director
of the Sunny Isles Beach Foundation; and
WHEREAS,Consultant has expressed the ability and desire to continue these community
bridge-building activities as defined below as well as the implementation of those City determined
priorities of the CMP not currently part of the programs of the Cultural and Community Services
Department, subject to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services contained in this Agreement in consideration of the provision of a lump sum stipend and
participation and cost of the City's health benefits;
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant shall assist the City in community and cultural bridge-building
in the areas of the Cultural Arts that are not currently part of the services provided by the Cultural
and Community Services Department. These areas might include those efforts delineated in the
CMP that relate to creative place-making such as the ArtPark, and the creation of strategic
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partnerships within the greater Miami-Dade community or State of Florida or with other groups
or entities recommended by the CMP such as MOCA,Coconut Grove Arts Festival, Coral Gables
Cinema, the Betsy Hotel and the like. Consultant will continue the cross-cultural bridge-building
efforts commenced under the auspices of the Foundation. Consultant will create or assist with any
written communications and educational efforts that fall into the category of community bridge-
building efforts, as specified and directed by the City Manager. The City Manager may prioritize
Services. (The foregoing shall be known as the "Services"to be provided.)
3. TERM. The term of this agreement is for two (2) consecutive one (1) year term subject
to termination by either party at their convenience pursuant to paragraph 7 below.
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, for the performance of the Services
described in Paragraph 2. hereinabove, the City shall pay Consultant an amount not to exceed
Sixty-Five Thousand Dollars ($65,000) per year payable in equal monthly installments for the
performance of said Services. Additionally, this City shall provide vision and dental benefits for
the actual cost of providing those benefits presently in the amount of Fifty Dollars and Ninety-
Three cents ($50.93) per month during the term of this Agreement. The City will also reimburse
Consultant for health insurance benefits in the amount of Five Hundred Forty Dollars and Fifty
cents($540.50)per month during the term of this Agreement. The total subject insurance amounts
are subject to change annually. Consultant will perform,direct or manage all Services,as the case
may be, but will be provided staff'as necessary, subject to the operational needs and direction of
the Manager, to accomplish the tasks required. It is intended that the Services and all projects
contained therein shall be handled on a part-time basis. In the event,however,these efforts require
Consultant to exceed what would otherwise be considered a part-time effort(more than an average
of fifteen hours a week,exclusive of travel time)on a consistent basis,the Manager and Consultant
may renegotiate compensation. There are no reimbursable expenses associated with this contract
except for those that are reasonably necessary to execute the Services, subject to the submission
of receipts and spending authority of the City Manager.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Consultant
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Consultant shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this Agreement. Except as otherwise provided in this agreement,the
City shall not be responsible for any expense incurred by the Consultant. The City shall have no
duty to withhold any Federal income taxes or pay Social Security services and that such obligations
shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall
furnish its own transportation, office and other supplies as it determines necessary in carrying out
its duties under this Agreement.
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6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT.All documents prepared by the
Consultant pursuant to this Agreement and,related Services to this Agreement are intended and
represented for the ownership of the City only. Any other use by Consultant or other parties shall
be approved in writing by the City. If requested, Consultant shall deliver the documents to the
City within fifteen (15) calendar days. This provision shall not apply to those documents which
are public records under Florida law.
7. TERMINATION AND REMEDIES FOR BREACH.
a. If, through any cause within reasonable control, the Consultant shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this Agreement,the City shall have the right to terminate the Services then
remaining to be performed. Prior to the exercise of its option to terminate for cause,
the City shall notify the Consultant of its violation of the particular terms of the
Agreement and grant Consultant ten (10) days to cure such default. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the effective date of termination.
i. In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the effective date of termination, as provided in Paragraph
3 herein.
ii. Notwithstanding the foregoing,the Consultant shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Consultant and the City'may reasonably withhold payment to Consultant
for the purposes of set-off until such time as the exact amount of damages due
the City from the Consultant is determined.
B. Termination for Convenience of City or Consultant. Either party may, for its
convenience and without cause terminate the Agreement by giving Consultant ten
(10) days written notice.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
8. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
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fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
9. CONFIDENTIAL INFORMATION. The Consultant shall not,either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any City designates which the desi ates in writing as "confidential." As a violation by the
r visions of this Section could cause irreparable injury to the Cityand there is
Consultant of the o P J rY
p
no adequate remedyat law for such violation,the City shall have the right,in addition to any other
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remedies available to it at law or in equity,to enjoin the Consultant from violating such provisions.
10. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested,(ii)by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Edward A. Dion
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach,Florida 33160 Fourth Floor
Tel: (305)792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the Lynn M. Dannheisser LLC
Consultant : 3152 Gifford Lane
Miami, Florida 33133
Tel: ( 305)441-0222
11. GOVERNING LAW.This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
12. NON-DISCRIlVIINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
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The Consultant will not discriminate against any,employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Consultant agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause. The Consultant
agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
handicapped in any
Federally assisted program.
13. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1,as amended,("Ordinance")
and by Chapter 33 of the City Code of the City Sunny Isles Beach, which are incorporated by
reference herein as if fully set forth herein,in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,directly
or indirectly which should conflict in any manner or degree with the performance of the Services.
The Consultant further covenants that in the performance of this Agreement,no person having any
such interest shall knowingly are employed by the Consultant. Notwithstanding the foregoing, it
is acknowledged and agreed by all parties that Consultant is also employed by the Sunny Isles
Beach Foundation, a non-profit corporation, and that such duties do not in any way conflict with
the duties of and services to be provided by Consultant to the City. In addition, it is also
acknowledged and understood Consultant is an,attorney who has her own private practice. She
herein with regard to her practice.
acknowledges she must comply with the Ordinance describedg
14. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited'to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts, errors, mistakes or omissions related to professional services in the
performance of this Agreement including any person for whose acts,errors,mistakes or omissions
the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Consultant for the indemnification set forth in this
Agreement.
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15. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shalFobtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
16. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is
prohibited.Consultant must certify that the company is not participating in a boycott of Israel.Any
contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at
the City's option if it is discovered that the entity submitted false documents of certification, is
listed on the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in
Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "A". Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Consultant shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error,then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 215.4725.
17. PUBLIC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Consultant shall keep and maintain public records required by the City to perform the
service to the extent they are not already available to the City.
(ii.) Upon request from the City, Consultant shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Consultant shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the Consultant
does not transfer the records to the City.
(iv.) Consultant shall,upon completion of the contract,transfer,at no cost,to the City all
public records in possession of the Consultant or keep and maintain public records required by the
City to perform the service to the extent they are not already available to the City.If the Consultant
transfers all public records to the City upon completion of the contract,the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
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disclosure requirements. If the Consultant keeps and maintains public records upon completion of
the contract,the Consultant shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided by Consultant to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
IF THE CONSULTANT HASQ UESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th
Floor, Sunny Isles Beach, Florida 33160.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document,including but not limited
to correspondences between parties. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or events referred to herein, or any other
document incorporated into this Agreement by reference and a term, statement, requirement or
provision of this Agreement, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and control.
19. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction,the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESSES: LYNN M.DANNHEISSER,LLC
Signature I"
L ti . Dannheisser, Esq.
Print Name
ATTES CITY OF S ► "LES BEACH
t �� I
BY: ,�^jj�Ill'1!;iV BY:
Maunci• B- I'• cur, CMC, City Clerk George `choll, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
•
By:
/1.4/
Edward Dion, City Attorney
8
Attachment "A"
Scrutinized Contractors Certification
9
t SVNN1'IS[F
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
1t C•t'O.SYO0.10♦t'
[PURSUANT TO FLORIDA STATUTE§215.4725]
I, n ..�•cGc c , on behalf of
Company Print Name p y Name
certifies that I rum, LLC. does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List;t,
and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
.C-
Si:►: e
Title
Sialz /7,
Date
0. ,st City Of Sunny Isles Beach
AYn 18070 Collins Avenue
.V,, .� 4'"0.'t-�':S:r•V�,•
F i'
Sunny Isles Beach, Florida 33160
"k,s 'A9> ° 4.T (305)947-0606 City Hall
FLOC' s
car'OF SOA
' (305)949-3.113 Fax
MEMORANDUM
TO: The Honorable Mayor and.City Commission
FROM: Susan S: Simpson,Assistant City Manager
DATE: 5/16/2019
Approving a Consulting Agreement with Lynn M.
RE: Dannheisser, LLC for the Continued Implementation of
the Sunny Isles Beach Cultural Master Plan
RECOMMENDATION:
This resolution is recommended for approval.
REASONS:
OnMarch 16, 2017, via Resolution No. 2017-2674 .the City
Commission approved a two (2) year agreement with Lynn M.,;.
Dannheisser, LLC to assist the City in implementing the efforts
delineated in the Cultural.MasterPlan (CMP). The agreement has since
expired; however, there .are still.elements and programs:.of the CMP
that need implementation which are not part of the Cultural and
Community Services Department. Lynn has expressedthe ability and
desire to continue these:community.bridge-building activities as well as
assist the City in implementing the priorities of the Cultural Master Plan
as determined by the City.
ATTACHMENTS:
Description
Resolution
'Agreement
Item Number: 10.E.
85