HomeMy WebLinkAboutReso 2019-2900 RESOLUTION NO. 2019 - Z900
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A THIRD
AMENDMENT TO THE AGREEMENT WITH O'LEARY
RICHARDS DESIGN ASSOCIATES, INC. FOR LANDSCAPE
ARCHITECT SERVICES, IN A TOTAL AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY THOUSAND DOLLARS
($120,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 15, 2016 via Resolution No.2016-2590 the City Commission
authorized the City Manager to negotiate an agreement with the top ranked firm of O'Leary
Richards Design Associates, Inc. and then with the next ranked firms, should negotiations with
O'Leary Richards Design Associates be unsuccessful; and
WHEREAS, on December 15, 2016 via Resolution No. 2016-2644 the City Commission
approved an agreement with O'Leary Richards Design Associates, Inc. in an amount not to
exceed $65,000.00 to provide landscape architect services for a period of one (1) year with four
(4) additional one (1)year renewal options; and
WHEREAS, on October 19th, 2017 via Resolution No. 2017-2749 the City Commission
approved a First Amendment to the Agreement with O'Leary Richards Design Associates, Inc.
for additional professional landscape architect services, in a total amount not to exceed
$63,443.72,bringing the total contract amount not to exceed$128,443.72; and
WHEREAS, on January 18th, 2018 via Resolution No. 2018-2778 the City Commission
exercised its first option to renew the Agreement and approved a Second Amendment to the
Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed
$84,400.00, bringing the total contract amount not to exceed$212,843.72; and
WHEREAS, the City being satisfied with the services performed by O'Leary Richards
Design Associates, Inc. desires to exercise its second of four(4)renewal options; and
WHEREAS, the City Commission now wishes to approve a Third Amendment to the
Agreement with O'Leary Richards Design Associates, Inc., exercising the second of four (4)
renewal options, in a total amount not to exceed One Hundred Twenty Thousand Dollars
($120,000.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed
Three Hundred Thirty-Two Thousand Eight Hundred Forty-Three Dollars and Seventy-Two
Cents ($332,843.72).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH,FLORIDA,AS FOLLOWS:
R2019 Third Amend To Oleary Richards Agmt Page 1 of 2
Section 1. Approval of Third Amendment. The City Commission hereby approves the Third
Amendment to the Agreement with O'Leary Richards Design Associates, Inc., exercising the
second of four (4) renewal options, in a total amount not to exceed One Hundred Twenty
Thousand Dollars ($120,000.00), attached hereto as Exhibit "A", bringing the total contract
amount not to.exceed Three Hundred Thirty-Two Thousand Eight Hundred Forty-Three Dollars
and Seventy-Two Cents ($332,843.72).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment to the 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 will become effective upon adoption.
PASSED AND ADOPTED this 1 ` 6 ay of January 2019.
11WI ,R1
George H. Scholl,Mayor
AT IS .
t r
Mauri io Be. cur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
lrir,j
Hans Ottin! , City Attorney
Moved by: C0M .tog .'Q-
Second by: e• {(AEC- ` IsC-40
VOTE:
Mayor Scholl- 4.666,11- (Yes) (No)
Vice Mayor Svechin I(Yes) (No)
Commissioner Goldman V (Yes) _(No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra v (Yes) (No)
R2019 Third Amend To Oleary Richards Agmt Page 2 of 2
OE�VNNr IS
�e
THIRD AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS
DESIGN ASSOCIATES, INC.
or 50
CONTRACT NO. 2902-016
This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("Cita") and O'I,(EARY CHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this
1.-fr day of kW ,2011, is made a part of the original Agreement("Agreement") dated
February 6, 2017, between the City and Consultant, a copy of which attached hereto as Attachment"A",
whose Federal Identification# is 03-0493187.The City and Consultant hereby agree as follows:
1. OPTION TO RENEW. The City hereby wishes to exercise its second option to renew the
Agreement for one(1)year in accordance with Section 3 of the original Agreement, incorporated herein by
reference.The original Agreement was entered into on February 6,2017.The City shall have the option to
extend this agreement for two(2)additional one(1)year renewal terms.
2. ADDITIONAL COMPENSATION. The City wishes to amend Section 5 of the Agreement
("Compensation");to provide additional compensation for this one(1)year renewal term in the amount not
to exceed One Hundred Twenty Thousand Dollars ($120,000.00). This additional compensation shall be
invoiced as follows: Forty Thousand Dollars ($40,000.00) for parks and monthly landscape inspections;
Forty Five Thousand Dollars ($45,000.00) for Planning & Zoning, inclusive of Thirty Thousand Dollars
($30,000.00) for professional services and Fifteen Thousand Dollars ($15,000.00) for site plan review;
Twenty Thousand Dollars ($20,000.00) for the Building Department for plan review/inspections and new
projects/high rise buildings; and Fifteen Thousand Dollars($15,000.00) for a public art park.This amount
will bring the total contract amount not to exceed Three Hundred Thirty Two Thousand Eight Hundred
Forty Three Dollars and Seventy Two Cents($332,843.72).
3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 217.4725, 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.Contractors 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 Juiy 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"B". 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 Contractor 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.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated February 6, 2017, and attached
hereto as Attachment"A", shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained
in this Third Amendment shall prevail and be given superior effect and priority over any conflicting or
inconsistent terms, statements,requirements or provisions contained in any other document or attachment,
including but not limited to Attachments"A"and"B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: O'LEARY RICHARDS DESIGN
ASSOCIATES,INC.
Signature ja `��'�
BY: '11 ,''...,di`.Qg _ _IL
atv O6awn , sident
Kr;tripI (2rcnAUa95
Print Name
ATTESTLCITY 0 S ISLES BEACH
I,r
,� �I�
BY: • fe,44Il1:v BY:
Mauric . B= . c ,CMC,City Clerk George H.Scholl,Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
110P
BY: /���_ _
:,I. Ottinot t Att•'ey
•
\Vi 'J 1
tifelf l= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND
;' O'LEARY RICHARDS DESIGN ASSOCIATES,INC.
. "°'`1``� CONTRACT NO.C29024617-019
THIS CONTRACIVAL AGREEMENT (hereinafter referred to as the"Agreement")
is made in duplicate,this )day of y vci-N ,201k7by and between the CITY
OF SUNNY ISLES BEACH, Florida, (hereinafter feferred to as "City"), and O'LEARY
RICHARDS DESIGN ASSOCIATES, INC,, a corporation authorized to do business in the
State of Florida (hereinafter referred to as "Consultant") whose Federal I.D. # is
RECITALS
WEEREAS,the City issued Request for Qualifications("RFQ")No.16-06-02 for landscape
architect services("Services");and
•
• WHEREAS, the Consultant represents to the City that it possesses the requisite
qualifications,expertise and licenses to perform all necessary work in connection with Services;
and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein and RFQ No,16-06-02,which is incorporated
herein by reference;and
WHEREAS,the City desires to contract with Consultant to provide the Services,as more
fully described in Attachment"A"which is attached hereto;and
•
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Sixty Five Thousand Dollars($65,000.00).
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. 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. In the event that the Consultant
fails to complete the Services pursuant to the terms of this contract and City must undertake the
completion of performance of Services, Consultant agrees to indemnify the City for all costs
incurred with respect to the completion of those Services and any damages the City may suffer as
a result of the Consultant's failure to perform the Services.
C2901-1617-019-O'Leary Richards'Design Associates,Inc. S
ATTACHMENT "A"
.i
City of Sunnyisles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
• • (305)947-0606 phone(305)949.3113 Fax •
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 terminate no later than one(1)year thereafter.Consultant
acknowledges that compliance with the commencement and completion schedule is the essence
of this Agreement. The terms of Sections 16 and 17 entitled"Indemnification and Waiver of
Liability" and"Compliance with Law"respectively,shall survive termination of this Agreement.
4. )<2.ENEWAL. The parties shall have the option to extend this Agreement for four(4) •
additional one(1)year renewal terms,based upon the City's exercise of these renewal periods.
5. COMPENSATION. As the entire compensation during the initial one(1)year term,
as well as during any subsequent renewal term(s),in whatever capacity rendered,the City shall
pay Consultant an amount not to exceed Sixty Five Thousand Dollars($65,000.00).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. 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, The City will pay properly submitted Contractor invoices
within 30 (thirty) days of receipt, for completed and accepted deliveries or
specified services and/or goods,unless the City notifies the Contractor in writing
of the dispute,before the payment is due.
b. Availability of Funds. The City's performance and obligation to pay under this
Agreement during the initial or any subsequent renewal term is contingent upon
an annual appropriation for its purpose by the City Commission.
c. 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
invoices, ii 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
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02902.1617-019.O'Leary Richards Design Associates,Inc.
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City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach, Florida 33160
• • (305)947-0606 phone(305)949.3113 Fax
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 patties 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. 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 cf 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.
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:
O 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.
O Umbrella Liability Insurance shall be required to purchase,maintain,and keep in
full force, effect, and good standing above the primary commercial general
liability, automobile liability, and employers' liability policies required herein.
The limit shall not be less than One Million Dollars ($1,000,000.00) per
occurrence and annual aggregate per occurrence during the initial and any renewal
term.
❑ Worker's Compensation and employer's liability coverage,as required pursuant
to Florida law.
❑ 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
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C2902-1617-019-O'Leary Richards Design Associates,Inc.
City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
• • (305)947-0606 phone(305)949-3113 Fax -
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.
Consultant shall also require and ensure that each of its sub-contractors 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 tofulfill
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(1.0)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.
(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 Paragraph 5 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, The City 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 Paragraph 9A(i) •
and A(ii)above shall be applicable hereunder.
4 g
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02902.1617-019-O'Leary Richards Design Associates,Inc.
City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
• (305)947-0606 phone(305)949-3113 Fax
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant ie placed either in
• voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
10. BACKGROUND CHECKS. A criminal background check will be required for any
employee of the Consultant performing Services under this Agreement. The Consultant shall be
required to perform the criminal background check at their own sole cost and expense through
the City, The Consultant shall ensure that only their properly designated employees listed with
the City Manager be permitted to perform Services. In the event the designated employees are
removed by the Consultant, the Consultant shall immediately notify the City Manager or his
designee. Additionally,identification cards will be provided by the City at the Consultant's sole
cost and expense.Consultant shall ensure that all designated employees wear the City's provided
identification cards while performing Services.
11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall
be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami-Dade County,Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial,trial and appellate levels.
12. 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.
13, 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:
5
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C2902.1617-019.O'Leary Richards Design Associates,Inc.
City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
' (305)947-0606 phone(305)949.3113 Fax
•
If to the City: I Christopher J.Russo rWithia copy to:
City Manager Hans Otthnot,City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Avenue,4th Floor 18070 Collins Avenue,4'h Floor
Sunny Isles Beach,Florida 33160 Sunny Isles Beach,Florida 33160
Tel:(305)792-1701 Tel;(305)792-1702
• Kathryn O'Leary Richards,ASLA
If to the 8525 SW 92nd Street,Suite C-1 l •
Consultant: Miami,FL 33156
Tel: (305)596-6628
Fax:(305)596-9160
14. 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.
(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. 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 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 HAS QUESTIONS 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,CityClerks@sibfl.net,18070 Collins Avenue,
4tn Floor,Sunny Isles Beach,Florida 33160. •
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C2902-1617-019-O'Leary Richards Design Associates,Inc.
• City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
(305)947-0606 phone(305)949-3113 Fax
15. 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.
16, 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. 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.
17. 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 be 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.
[8. 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 all 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 ]
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C2902.16I -019-O'Leary Richards Design Associates,Inc.
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• City of Sunny isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
(305)947-0606 phone(305)949-3113 Fax
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,
19. 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.
20. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
term,statement,requirement,or provision of any exhibit attached hereto,any document or events
referred to herein, or any document incorporated into this Agreement, the term, statement,
requirement,or provision contained in this Agreement shall prevail and be given superior effect
and priority over any conflicting or inconsistent term, statement, requirement or provision
contained in any other document or attachment,including but not limited to Attachment"A"
21. 1VIISCELLANEOUS.
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.
....
8 u
02902.1617-019-O'Leary Richards Design Associates,Inc,
'!. •
CIO)of Sunny Isles Beach 18070 Collins Avenue,Sunny 191es 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: O'LEARY RICHARD,DESIGN
ASSOCIATES,INC.
Signature 1 •
:illi
B�: Lt1• �a � ��
Ka hryn�'Le• Rio • s Pres sent
�l:vin) y�\Cti,F1 7
Print Name •
' A,`I`,nP$_' • CITY OS+ UNNY I LES BEACH
•
;13Y: •sem'f�lI / BY:
Jtne .Hies, r C,CityClerk Oeoi a ,Sch011,'Mayor
" 1:rF •,�'�✓'
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
%i
BY: 411 /
4fis Ottinot City Attorney
9 SIB
C2902.16I7.019.O'Leary Richards Design Associates,Ino,
CONTRACTOR ANTI-BOYCOTTCERTIFJCeTION
°"'"'"°� [PURSUANT TO FLORIDA STATUTE§21547251
1,ginYl0Dreaw4G vi behalf of o'Lea►�v 'cliavds 'Sr. '
mG
Print Name Company Name
certifies that 0 ►t/ 'C/16(4 ' i Toes not .
Company Name
1. Participate in a boycott of Israel;and
2. Is not on the Scrutinized Companies that Boycottlsrael list;and
3. Is not on the Scrutinized Companies with Activities in Sudan List;and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List;and
S. Has not engaged in business operations in Cuba or Syria.
A 16 D -rIAL.49
'ignature ip .
,Pres i' e-A-t •
—
Title
1)')1 1°l -
Da
ATTACHMENT'B"
0":4 City of Sunny,isles
Beach -
c �e
' '` ''`318070 Collins Avenue'.)-0-"-'....--'-,V7`2
Bunn Isles Beach, Florida y. I rida 33160• ,. - _
.r9;-. '•!Q 4,%:. 305 947=0606 City Hall-.: •
.-i/..Y 6 .•4'1' • (305)949-3113 Fax= '
• . . - I.: - MEMORANDUM, - _ '- .
TO: ..: . r: .-The Honorable Mayor and•City Commission = - •
- VIA: Christopher J.Russo, City Manager:.. .: - , -
•
FROM: Claudia C. Hasbun, Planning and Zoning Director - -
• DATE: • 1/17/2019 -
RE: • Professional•LandscapeArchitectural..Services for
. .•::::1::: . .-! 1i:). -;,:• • - _ . : . . • Vii:: .
''-RECOMMENDATION - • - - .
• This Resolution is presented for your review:."``' `` ' :.. • ••• - ';:-cr; •
•
The Citji-'awarded REQ; No. '16-06=02 to -O'Leary;Richards Design-' ' • ''
• - Associate's'`'under Resolution No-:2016-2644.'-The,first'contract•was: •
- - entered on February.6, 2017 and.this is-the. second (1) one year: .
renewal•oUt.of fou'r'(1)'One year'renewal option's:The•sei iices`.are riot •
•. to exceed $65,000.00 end to Irtclude'-)}uilding permits're`view, 'site
'•- '-- - plan::reviews, . and:-:•.:other_::. projects .whet . requires .professional - ,
• -architectural landscape:services;
•
' •. . .: . , ''' .ATTACHMENTS: . • . . . .-.. - ....
• Description
..-
: ;i_i•
Resolution ;.. - .
-, -i' Second Amendment: . _ ... . . . . .. ..! ,:-.:ii. . . .
em.N.umber j1
- It0.B>
• . .-.42
•
1