HomeMy WebLinkAboutReso 2017-2674 RESOLUTION NO. 2017-,24 7
A RESOLUTION OF THE CITY COMMISSION OF THE
. CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING.
A CONSULTANT AGREEMENT WITH LYNN M.
DANNHEISSER 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 CITY MANAGER 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, Lynn M. Dannheisser is the former Executive Director of the Sunny Isles
Beach Foundation and was the day to day project manager of the CMP, overseeing its creation,
giving her first-hand knowledge and experience necessary to provide the services described in
the agreement, attached hereto as Exhibit"A"; 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 implementation of the Sunny Isles Beach Cultural Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS:
Section 1. Authorization of City Manager. The City Manager is hereby authorized to enter
into a Consultant Agreement with Lynn M. Dannheisser, LLC for the 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.
Section 2. Further Authorization of City Manager and City Attorney. The City Manager
and the City Attorney are further authorized to do all things necessary to effectuate this
Resolution.
82017-Consultant Agmt Negotiation Lynn Dannheisser Page 1 of 2
Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED this 16th .ay of arch 2017.
George H. Sc oil, Mayor
AT. E'T:(
. ,.. ': (6-foolle",
. V Jane A> in ' NIC, City Clerk
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4 r APPROVED,•IS • F'.RM AND
'LEGALySF'F� •�' ��Y:
-di
te
s 0 'n.f ` ttorney
: Moved by: %CC Ir`Ilh�p�L x0 4)
Seconded by: COMM. 6`ATFO
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman - (Yes) (No)
Commissioner Aelion —I—(Yes) (No)
Commissioner.Gatto V(Yes) (No)
Commissioner Svechin I (Yes) (No)
R2017-Consultant Agmt Negotiation Lynn Dannheisser Page 2 of 2
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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
• „,• V72:43
' BEACH AND LYNN M. DANNHEISSER, LLC
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�' CONTRACT NO. 0455-1617-047
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this day of March, 2017, 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 recently completed a Cultural Master Plan ("CMP") outlining 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 health and dental benefits for
the actual cost of providing those benefits presently in the amount of Seven Hundred Seventy-Six
Dollars and forty-five cents ($776.45) per month during the term of this Agreement. 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.
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
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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'
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.
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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 information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
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 Hans Ottinot
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-DISCRIMINATION. 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.
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
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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. t vrAso
•. • - . • .: -e• •y a parties at onsu an is a s• - p oye• • 'e unny s es
e -
• , _ . .. . •• •, ; •• •a suc •uties •o no in . • ' .y con is wi 1
. • .• • - ' - • •- • •-• • • —• • As • I. - - In addition, it is also
acknowledged and understood Consultant is an attorney who has her own private practice. She
acknowledges she mustcomply with the Ordinance described herein with regard to her practice.
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.
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 shall obtain and maintain any and all material permits,
5
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
16. 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.
17. 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
TiSi ature BY:
L--e." . annheisser,Esq.
____IG/J/J/A.ti74//4 /7
Print Name
ATTEST CITY OF SUNNY ISLES BEACH
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BY:, 'WWII-- BY:
f, ; 'Jane A. H. es, C, City Clerk Christop er J. Russo, City Manager
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.'1!'''not,City Attorney
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CitySunny
of Isles Beach
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18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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91 pa (305)947-0606 City Hall
5 (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 3/16/2017
Approving a Consulting Agreement with Lynn M.
RE: Dannheisser, LLC for the Implementation of the Sunny
Isles Beach Cultural Master Plan
RECOMMENDATION:
This resolution is recommended for approval.
REASONS:
Lynn M. Dannheisser is the former Executive Director of the Sunny
Isles Beach Foundation and was the day to day project manager of the
Sunny Isles Beach Cultural Master Plan ("CMP"). She oversaw its
creation, giving her first-hand knowledge and experience to assist the
City in its implementation.
On November 17, 2016 via Resolution No. 2016-2635 the City
Commission approved the CMP as presented by AEA Consulting. After
adoption, the City Commission indicated its desire to implement parts
of this Plan immediately.
Lynn has expressed the ability and desire to continue these community
bridge-building activities as more specifically defined in the agreement,
as well as, the implementation of those priorities of the CMP as
determined by the City.
As the Consutltant, Lynn will be tasked with assisting the City
implementing the efforts delineated in the CMP that relate to creative
place-making such as the ArtPark, and the creation of strategic
137
partnerships within the greater Miami-Dade and other groups or entities
recommended by the CMP.
ATTACHMENTS:
Description
Resolution
Agreement (Revised 3/16/17)
Item Number: 10.F.
138