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HomeMy WebLinkAboutReso 2013-2148RESOLUTION NO. 2013 -_2dqS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT WITH BELL DAVID PLANNING GROUP, FOR PLANNING AND ZONING REVIEW SERVICES, IN AN AMOUNT NOT TO EXCEED FORTY -FIVE THOUSAND DOLLARS ($45,000.00), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bell David Planning Group has provided various professional services for the City of Sunny Isles Beach on several projects, with favorable results; and WHEREAS, City staff is seeking City Commission authority to utilize Bell David Planning Group, to provide planning and zoning services throughout the year; and WHEREAS, City staff will utilize Bell David Planning Group to provide planning and zoning review services throughout the year in -house in an amount not to exceed Forty -Five Thousand Dollars ($45,000.00); and WHEREAS, City staff will also utilize Bell David Planning Group to provide planning and zoning review services throughout the year for projects through the Site Plan Process that are billable to the developer at no cost to the City; and WHEREAS, the City wishes to approve a consultant agreement with Bell David Planning Group for the purpose of providing on -call planning services for various projects that may arise throughout the year, in an amount of One Hundred Twenty -Five Dollars ($125.00) an hour, attached hereto as Exhibit "A "; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Consultant Agreement. The City Commission hereby approves the Consultant Agreement with Bell David Planning Group, Inc. for Planning and Zoning Review Services, in an amount of One Hundred Twenty -Five Dollars ($125.00) an hour, in an amount not to exceed Forty -Five Thousand Dollars ($45,000.00) for in -house projects. and for on -call services that are billable through the cost recovery of the Site Plan Process, attached hereto as Exhibit "A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3, Authority of City Manager y, ger and City Attorn, The City Manager and the City Attorney are authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 21" day of November 2013. Norman S. Edelcup, Mayor ATTEST: C::&� k LL.� Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND_.L,E 1, ZFFICIENCY: Hai s Ott1hoY, City Attorney Moved by: Seconded by: Vote: S -b Mayor Edelcup _(Yes) (No) Vice Mayor Aelion ,/ (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Levin (Yes) (No) Commissioner Scholl (Yes) (No) C OQ SJ NNY /S4 CITY OF SUNNY ISLES BEACH V AGREEMENT WITH BELL DAVID PLANNING GROUP, INC. F V0 a. W' CONTRACT NO. C1314 -007 ^ r LFNO OF SUN THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this 21s* day of November, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and BELL DAVID PLANNING GROUP, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant ") whose Federal I.D. # is SS a�Z2�S6 RECITALS WHEREAS, the City is in need of a consultant to provide Planning and Zoning Review ( "Services ") on an as needed basis for various projects that may arise throughout the year; and WHEREAS, Consultant is a planning and zoning services firm qualified to provide the City with the desired Services and providing on -call planning services for various projects throughout the year; and WHEREAS, Consultant has submitted a proposal to the City to provide the desired Services, as more particularly described in Attachment "A ", attached hereto and incorporated herein by reference; and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services for One Hundred Twenty -Five Dollars ($125.00) per hour for a total amount not to exceed Forty -Five Thousand Dollars ($45,000.00). 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 agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 9 hereunder, the term of this Agreement shall commence upon the execution of this Agreement by both parties and shall continue for one (1) year thereafter. Consultant acknowledges that compliance with the commencement and completion schedule is the essence C1314-007 BELL DAVID — Planning & Zoning Services Exhibit "A" C,% g ° City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax of this Agreement. The terms of Sections 17 and 18 entitled "Indemnification and Waiver of Liability" and "Compliance with Law" respectively, shall survive termination of this Agreement. 4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have the option to renew this Agreement for an additional one (1) year renewal term. In the event this Agreement is renewed, the Consultant agrees to provide the Services in accordance with this Agreement and the schedule of charges reflected in Attachment "A ", attached hereto. 5. COMPENSATION. The City agrees to pay the Consultant an amount not to exceed One Hundred Twenty -Five Dollars ($125.00) per hour, which shall be disbursed on a monthly basis as invoiced. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Forty -Five Thousand Dollars ($45,000.00) for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A ", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the 2 C1314-007 BELL DAVID— Planning & Zoning Services City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. 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 an), and all of its own expenses in performing its duties as contemplated under 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 AarppMent. Consultant shall furnish Its ()".:'n -a- transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. 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. 8. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Professional Liability ( "Errors and Omissions ") insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 3 C1314-007 BELL DAVID - Planning & Zoning Services City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax ® Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ® Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub - Consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. 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 the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 4 C1314-007 BELL DAVID — Planning & Zoning Services 4 1. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax (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 date of termination, as provided in Section 5 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained b }/ 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. The Cite may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Section 9 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency, The City alcn resempC 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. 10. ATTORNEY'S FEES. In any action incurred by the City to enforce or interpret any term or provision of this Agreement, and the City is the prevailing party, then the City shall be entitled to its costs and attorney's fees incurred at the pretrial, trial and appellate levels, in addition to such other relief as may be sought and awarded to the City. 11. 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. 12. 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 C1314 -007 BELL DAVID - Planning & Zoning Services FeP i L.. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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 Fourtli Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Alex David, AICP, Vice President Consultant : Bell David Planning Group, Inc. 1019 N.E. 104`h Street Miami Shores, FL 33138 Tel: (786) 514 -0121 Fax: (305) 751 -5802 13. 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. 14. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 15. 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 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. 6 C1314-007 BELL DAVID — Planning & Zoning Services City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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. 16. 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; and by the City of Sunny Isles Beach Ordinance No. 99 -82, 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. The Consultant guarantees that he /she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fiallest extent permitted by la v,,, to defend, indernu.ify 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. 18. 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, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 19. 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 Attachment "A" hereto. VA C1314 -007 BELL DAVID — Planning & Zoning Services City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 20. 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. F.. No waiver of any provision Df thus e nrP, -ment Oball be valid or en�brceuble lI'' mob• unless such waiver is in writing and signed by the party granting such waiver. [remainder of page intentionally left blank] 8 C1314 -007 BELL DAVID — Planning & Zoning Services City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: BELL DAVID PLANNING GROUP, INC. Signature BY: ��� � 1� W.4 Alex A. David, AICP, Vice President Print Name ATTEST: BY. GZnnL � IL40 Jane A. Hines, MMC, City Clerk 9 C1314 -007 BELL DAVID — Planning & Zoning Services CITY OF SUNNY ISLES BEACH orman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY IC not City Attorney BELL DAVID PLANNING GROUP INC. Navigating Florida's Planning Requirements Mr. Christopher J. Russo, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 October 28, 2013 RE: Proposal for Continuation of Planning and Zoning Review Services Dear Mr. Russo: Thank you for contacting our firm to extend Contract No. C011 -077 (Planning and Zoning Services). This contract was adopted by Resolution No. 2011 -1792 on October 20, 2011 and is for the provision of on -call planning and zoning review services_ The terms of the agreement and hourly rate ($125.00 /hour) will remain the same for the coming fiscal year (FY2013 -14). Please call or e-mail me at your convenience if you have any questions. And again, we thank you very much for this opportunity. Sincerely, &U, �� - � DQ� Alex A. David, AICP ATTACHMENT "A" 774 NE 126'h Street, Suite 1 . North Miami, FL 33161 . Office: 786.514.0121 . Fax: 305.675.0507 www.belidavid.com alex @belidavid.com ® oFS °."N''S(F City of Sunny Isles Beach p 18070 Collins Avenue = Sunny Isles Beach, Florida 33160 �P'0'h� (305) 947 -0606 City Hall l (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia Hasbun, Zoning Administrator /Planning Manager DATE: 11/21/2013 RE: Planning and Zoning Services Consultant Agreement Bell David Planning Group, Inc. ® RECOMMENDATION: It is recommended that the City Commission approve the Consultant Agreement with Bell David Planning Group for the FY13 -14. REASONS: The City wishes to approve a consultant agreement with Bell David Planning Group for the fiscal year 2013 -2014 with an option for one year renewal, for the purpose of providing on -call planning services for various projects that may arise throughout the year, in an amount of One Hundred Twenty -Five Dollars ($125.00) an hour not to exceed Forty -Five Thousand Dollars ($45,000), and for on -call services for the Site Plan Process that are billable through the cost recovery provision in the City Code. ATTACHMENTS: • Resolution • Agreement r Agenda Item No. 10H Date 11/212013 155