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HomeMy WebLinkAboutReso 2019-2901 RESOLUTION NO. 2019 - 2901 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR PROFESSIONAL PLANNING AND ZONING 'CONSULTING SERVICES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), 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, the City issued and advertised RFQ No. 16-12-01 for Professional Planning and Zoning Consulting Services, including Civil and Traffic Engineering and received two (2) bids, and Calvin, Giordano, and Associates, Inc. represented to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in connection with these Services; and WHEREAS, on January 19th, 2017 via Resolution No. 2017-2654 the City Commission awarded RFQ No. 16-12-01 to, and authorize the City Manager to negotiate and enter into an Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services; and WHEREAS, on June 15`h, 2017 via Resolution No. 2017-2704 the City Commission approved a First Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services, increasing the City Manager's spending authority by an amount not to exceed $150,00.00; and WHEREAS, on January 18th, 2018 via Resolution No. 2018-2780 the City Commission approved a Second Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services, exercising its first option to renew of which three (3) remain, in an amount not to exceed $141,299.50; and WHEREAS, the City Commission now wishes to exercise its second option to renew and approve a Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00.), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Five Hundred One Thousand Two Hundred Ninety-Nine Dollars and Fifty Cents ($501,299.50). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Third Amendment. The City Commission hereby approves a Third Amendment renewing the Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services, in an amount not to exceed One Hundred R2019 Third Amend to CGA Plan and Zon Consult Srvs Renew Page 1 of 2 Fifty Thousand Dollars ($150,000.00.), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Five Hundred One Thousand Two Hundred Ninety-Nine Dollars and Fifty Cents ($501,299.50). Section 2. Authorization of Mayor. The Mayor is authorized to execute said Third Amendment. 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 17`h ' , of January 2019. 1 George H. Scholl, Mayor ATTE I .I s fin, Mauricio :etancur, MC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6.d_ i,a! Hans i tino City Attorney Moved by: COMV1A(SS(aJfri-- 60/.1144141) Seconded by: c ,V1IccIOIJ6 Vote: Mayor Scholl - Et T (Yes) (No) Vice Mayor Svechin ✓(Yes) (No) Commissioner Goldman V (Yes) (No) Commissioner Lama V/(Yes) (No) Commissioner Viscarra ✓ (Yes) (No) R2019 Third Amend to CGA Plan and Zon Consult Srvs Renew Page 2 of 2 t nutty anizillrIVILII 1 1 LI I tit,AtittLEIVIE111 lit;1 WJ1Ji1 THE CITY OF SUNNY ISLES BEACH AND CALVIN, GIORDANO &ASSOCIATES,INC: CONTRACT NO.0312-024 9 This Third Amendment to the Agreement hetvveen the CITY OF SUNNY ISLE BEACH 40 CAL\VIN GIORDANO & ASSOCIATES, INC, ('Consultant") --executed this 1-/1 day-of , Ntiii-VA) , 2019, is made a part of the original Agreement between the parties dated February 2, 2017, Contract No.C0312,1.4517-026 ("the Agreement"), between the City acid Consultant attached hereto as Attachment "A" whose Federal Identification # is 65:0013869. The City and . : . , Consultant hereby agree as fcilloWS• • , 1. TERM RENEWAL. The City hereby, Wishes to exercise its second Option to renew the Agreement for one(1)year in accordance with Section 3 oTthe original Agreement,incorporated herein by reference. The original Agreement was entered into on February, 2, 2017. The renewal term shall commence on February 1, 2019 and terminate nO later than January 31, 2020. The City shall have an option to extend this agreement for two (2) additional one,(1)year renewal terms. 2. ADDITIONAL COMPENSATION. By Resolution No 2018-2780, the City Commission approved the Second Amendment to the Agreement, increasing the total contract amount to Three Hundred Fifty One. Thousand Two Hundred Ninety Nine Dollars and•Fifty Cents ($351,299.50). Effective February 1, 2019, the Parties wish to amend Section 4 of the original Agreement! i ("Compensation")-to einclude additional compensation feir-' ontinuing Services during Fiscal Year 2019- 2020 in an amount not to exceed One Hundred Fifty Thousand Dollars($150,000.00),bringing the total contract amount inclusive of compensation herein;to Five Hundred One Thousand Two Hundred Ninety Nine Dollars and Fifty` Cents($501,299.50). 1 . 3. PROHIBITION .AGAINST c-OSTRACTING .WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217:4725,ContractingWith any entity that is listed on the: 1Scrutinized Companies that Boycott Israel LW or that is engaged in'ille 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 diSebYdred that the entity'submitted false documents Of Certifioatioh,lis 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 Jtily 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 hOychtt of .Israel:Contractors must submit the certification that Is attached to this:agreement as,A1tachment13", 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 determin.ration concerning the false Certification: The :-.1 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 ithat the City's determination of false certification was made in error,theri the City shall have the.rightto terminate the contract and seek civil remedies pursuantto,Florida Statute Section 215.4725. 4. OTHER PROVISIONS REMAIN IN EFFECT:' Except as specifically tiOdified herein, all . , terms and conditions of the original Agreement between the parties dated February 2,2017,Shall remain r., in fiill forceand effect. 5. CONFLICTING PROVISIONS. The terms statements, requirements, ,arid provisions I contained in this Third Amendment 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 Attachrrierit"A"and'13". • WHEREOF, She parties hereto have executed this document as of the date - mentioned above. WITI SS: CALViIN, GIORDANO& ASSOCIATES, INC / iasta JLA - iP1 e BY: __. A I De Giordano, resi ent Print Name ATTEST: CITY OF SUNNY ISLES BEACH BY: ovt7_,....411/10 -41d6A2— BY: 06A Mauricio getancur, CMC, City Clerk. George H.Scholl,Mayor • A APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Aki ,:74,75,I-not,City Attorney• 4 2 0312-024-CALVIN,GIORDANO&ASSOCIATES,INC • • .• . . ,1 AGREEMENT BETWEEN VIE OF SUNNY ISLES BEACH • - AND CALVIN, GIORDANO-8i- ASSOCIATES,INC • _ _ •, CONTRACTNO. C63I2-1617-076 THIS CONTRACTUAL AGREEMENT(hereil,after referied-tO as the "Agreement') is made in duplicate, this it° day of.fee,11-%-4/-(;•1/41'; ,•2017, by and between he CITY OF SUNNY ISLES BEACH, Florida,(hereinaliell referred to as"aity'),and CALVIN, cioarvai0 AND ASSOCIATES,INC., a cOrporatiOn!authorized to do business in the StIte of Florida(hereinafter referred to as."Consultani")Whose"Federal 1.10.1i i 65-0013869. • • • • RECITALS WHEFtEASI the Ciiy is jri need fa a cOrisullantP,t6 provide profesSional planning and zoning consulting services, including civil and traffic;engineering on an as needed balls ( Services");and • 'WHEREAS, The Consultant represents to the!City that it TossesSeS the teqiiisite qualifications,expertise and licenses to perform all necessary Work in connection With Servics; and • WHEREAS,Consultant has expressed the ability and desire to provide these Serviees, more particularly.described in RFQ No I 6-12;01.whichattached hereto as Attachment"H!' and incorporated herein by reference,subject to the rains and Conditions contained herein;and WHEREAS, the City desires to enter into an AgOement WW1 Contultantto provide the Services in a total amount not to exceed Sixty Thousand Dollars,060,000.00). • .• • NOW THEREFORE,in Odiisideration!Of the pr4iises and the mutual covenants herein • name, the parties agree as follows: • I. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement • and Made a liart hereof forrefererice. 2. SERVICES. Consultant shall provide Servicesas more particularly described in.010 - No: 16-12-01,which is attached terelo and made a part-hereof as AttaChinent 3. TERM.. Subject to.'the provisions relating to:thle-terrnination of this Agreement asset forth in Section 8 hereunder,this Agreement shall begin on February!,2017•anrd shall tenth, no later than one(1)year thereafter: The parties shall haye the option to extend this Agreed, for kik(4)additional on (1)year renewal terms,based upon the City's exercise of these renewal periods.. 4. COMPENSATION: ;AS iheentire cOmpenSatioji under lhis.Agreement and during the terms of this Agreement in whatever 6apacitYrendered,the City shall pay Consultant an arpopint not.to exceed Sixty Thousand Dollars ($60;000:00) for the performance of the stated SerVi4s: • Payment to Consultant for all charges and tasks under thislAgreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment"A"Aind under the following ; • -cb lid itibnSC ; • • 1 • C0312-'i6i 7.026 Calvin,Giordano "AsspeifiesS B,(at ATTACHMENT "A" . . • • •.• • • . . • Cily of Sunny Isles Beach l076 Collins Avettue,'I Simity Isles Beach,Florida 33160 (305)947-0606 Anne(305)9493I 13 Fax — - • .• a. Disbursements.-There are reimbursable ex'pensestisseciaied With this contract in an amount not to exceed Eight Hundred Dollars(S800.00),which is included in the not exceed Compensation amount of Sixty Thousand Dollars($§0,000.00). However,no additional reimbursable expenses are authorized without the express written approval in advance frorhthe City ;Manager or his designee. b. Payment Schedule. In-Voices received •from the Consultant pursuant to this • Agreement will be'reviewed by the initiating City Department. If Services hve been rendered in conformity with the Agreerhent,the invoice will be sent to the Finance Department for payinent. Invoices must reference the contract number assigned hereto. Invoices will' be paid inlaccorciance with the State of Floridad Prompt Payment Act. • • c. Availability of FOndS. The City's performance and obligation to pay under this Agreement is contingent upon an!annual appropriation for its purpose by the Cifty. • Commission. 1 . . d. Final inveiice. In oidet for both parties herein to close their books and records, - the Consultant will clearly state 'final invoice".on the Consultant's finalllaist 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, licenseis, permits,overhead or any other expenses orcosts'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 title invoices, it may make payment:Of the uncontested amounts and Withheld 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 tents of this Agreement 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is :an independent contractor and shall be treatedasisuch for all purposes. Nothing contained in this Agreement or any action of thepartiesshall be construed to constitute or to tendertheCOnSultaint an •employee, -partner; agent, shareholder, officer or invany other capacity other than as lin independent contractor other than those obligations hich have been or shall 'have. been . • undertaken by the'City. Consultant shall be responsible for any and all of own expenses in performing its duties as contemplated under this Agreement. The City shall not responsible for any expense incurred bythe_Consultant. The City shay have no duty to withhold any Federel income taxes or pay. Social Security services and -that isuch .obligations shall be that of the 2 C0312-1612026—Cahill,Giordano&Mancirdes,Inc. • S I a • . • . .. ' . .: . ... . .-.. ..- _..-_ ._ _ . — ..... — , . ._ _ - .. `.-_----. ..., ... ' - - - • • •• •--' .. - - , • ,, City of Siliiiij)IslesBeach 18070 Collins rvenue,Sunny Isles Beach,Florida 33160 (305)947-060.6 phone do*949-31 1 3•Faic consultant, other than those set forth in this ,Lgreemerit. Consultant shall furnish its own transportation,offide and other stipplies'aiit deteimines necessary in-carrying out its duties under ' -- - 3 - , this Agreement. , . . - 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant tO this Agreement aria related Seivicet to this Agreement are intend-4d . and represented for the ownership of the City only .Any other use by Consultant or other partics shall be approved in Writing by the City. If requested,Coristiltont shall deliver the documents to. . the City Within fifteen(15)calendar days. . . 7. INSURANCE: Consultant shall, et its dole 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 ail loss, claims, damage and liabilities causedby Consultant,its•agents or ernploYees,likindiCated IfelOW-: 0 comprehensive :General liability! insuranct, including broad form contractual liability coverage for all operations, including, but not'limited:to, contractual, plcidticts,and completed operations,personal injury find property damage liability with minimum lirhits..ofOne•MilliOn Dollars',($1,000;000)per occurrence and To . Million Dollars ;aggregate during the initial and any renewal term of thiS . • Agreement. . • i .., :0. Worker's ComperitatiOn•and employer'S liability cover*,as reAhited phrsdan• t 4, • . to Florida:la*. - — O - —- Umbrella insurance.Shall-barequired to purChase,maintain;and keep,in full force, . , '.i. effect, and ingood standing abo.te the primary liability o1icies required.rieretn. 1-. The limit shall not be less than One Million Dollar's :($1,000,060.00) per 0 1.- occurrence and annual aggregatelperoceurr?nce during the initial and-any renewal term of this Agreement. 1 • _, _,... . o Professional Liability !Outer-lit:et including Errors and Omissions With minimum limits oi.Cik Millibb Dollars(St;0.00,000.00)per decurrence, i. . Insurance required of the Consultant shall be primary to, )nd not contribute with,any insurance of self inst.100e Maintained, by the City. Such linsurance shall not diminish Consultants . , indemnification and obligations hereunderThe institaricf policy shall be issued by companies authorized to do business under the laws of the State of Flprida and acceptable to the City'*ith!a .-minimum .AM: Best rating of kExcellent.I Before ainy work under this Agreement ,is performed,and at any time upon request,Consultant Ohall furnishto the City certfficatfs of insurance evidencing the_minimum required coyerage and shall be appropriateily endorsed for contractual littbjlityo-ytttt the City snamed as additional insured All--p:oliotps shall contahva waiver of subrogation endorsernent, All ptiliCieS and certificates shall be in'fdrrp.s. aPciissued •'by'insurance companiesito b the City Manager or his designee. All insurance ' • •- •- ' policies and certificates of insurance shall proyide that-theipelieies may not be canceled or altered WithOu1thirtY(30)days prior written notice to the City.The City reserves the right from time to • . . . 4 S l'B CO312-1617-026 Ci3Iyir_1,:Giordano&Associaies,Inc. • • • r City of.9iumy Isles Beach 18070 Collins Avenue,Sunny Isles Beach, Florida 33160 (305)947=0606 phone(305)949-311 3 fax time to change the insurance coverage and limits; of,_Ilabilit required .to be maintained ensure iY Consultant hereunder. Consultant shall alsorequire and ensure that each of its sub-Consultants = providing services hereunder•(ifany)procures and maintains,until the completion:of the'senfices, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITINGBY THE CITY. 8. TERMINATION AND RElVMEDIES FOR BREACH. • • A. If,thiough any cause within reasonable:control, the Consultant shall failto fulfill in :a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, theCity-shall have the right to terminate the Services then.remaining to be-performed. Prior to the exercise`of its option" [o • 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 afterrten(10)days the City may.terminate this Agreement, and the City shall receiveta refund from the Consultant in an amount.equal to the actual cost of a third:party to dire such failure. If Consultant fails,;refuses or is unable to perform any term of this Agreement,City shall.pay for services rendered es of the:date of terrnination. • (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 terminatidn,as provided in Paragraph 4 hereinl: (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 amountof 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 otice:The tem5s of Paragraph 8 A(i • and A(ii)above shall be applicable hereunder. 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. 9. BACKGROUND CHECKS. A criminal backg ound'cheek will be required for any employee of the Consultant performing Services under this Agreement. TheConsultant be required to.perform the criminal`background check:et their-;own sole cost and expenseethrough the:City. The Consultant shall ensure that only their;properly designated employees listed wit • 4 CO3Ii-1617.926--Catvin,Giordano•&Associates,Inc. . . . , . . . • I _ - ..... _ _. . City of Sunny Isles Beach 18070 Collins AvenuO,Sunny Isles Beach, Florida 33160 (305)947-6666 phohe(305)949-3113 Fax _ _• • 11 . . ., . . . the City Manager be permitted to perform Sefthees.:In-the event the designated employees are _ removed by the Consultant, the Consultant shall immediately notify the City Manager Or his . • i _designee.Additionally, identification cards will'bp provided by the City at the Consultant's sole cost•and expense.Consultant shall ensure that all designated employees near the City's provided - identification cards whileiperformingSerViCes: 1 . •. . , _ 10. :GOVERNING LAW.AND ATTORNEYS FEES. It AS agreed: that this Agreernent . , shall be governed by,construed and enforced in'accordenCemith the laws of the State of Floriril'a. Venue for any legal proceeding shall be in Mianii Dade Cunt)',Florida. In the event it be-comes necessary for the City to file a lawsuit to enforce any term!Or proviSion under this Agreement¶d• • t . 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. II. CONFIDENTIAL INFORMATION The Consultant shall not, either during the term . • 1 of this Agreement or any time for a period of ten(10).years subsequent to that date upon whip'ti the Consultant shall leave the employment of the'Cityfor any reason whatsoever,disclose to any person or entity,other than in the dischargeofthe duties of the Consultant under this AgreeMerit, any information which the City designates in vnting as 'confidential As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and therelis no adequate remedy at laiv for such violation,the City shalt have the right,in addition to any other remedies available to-it at law or in equity,i to enjoin, the Consultant from violating•such provisions. i ti • • 12. NOTICES. All notices and other ComMunications required or permitted to be:giveri tinder this Agreement by either party to the other shall belirt writing and shall be sent(except fis _ - othelCvise provided herein) (i) by certified or registered n'laili first class postage prePaidireturri receipt requested,(ii)by guaranteed overnight delivery by i nationally recognized etiiirier.servicie, or(iii) by facsimile with confirmation receipt (With'n copy simultaneously sent by certified or registered mail,first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized Cotirier service),,addreased tosuc6 partyas follows: 1 . - •-,. If to.the City: Christopher J.Russo - 1 .With a copy to: City Manager ; -Hans Ohinot - City of Sunny Isles Beach; 'City Attorney 18070 Collins Avenue,4thFloor. 'City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue,4kh Floor Tel (305)792-1 70 -•.1 , Sunny Isles Beach,Florida'33160 ' Tel:(305)792-1702 . : If to the - fShelley Eichner „. Consultant: Principal lit-charge . Calvin,Giordano&ASSodiateS;Inc 100 Eller Drive, Suite 600 • Fort.Latiderdale,FL 33316 Tel:(954)921.7781 . SEichnerecgasOlutions.com . ,_, i S_ - - - - - . C0312-1617-026—Calvin,Gionlano&Msocrotes,Inc. . • . • . i . • . . • , . . ., 1 - • - • City of Sunny Isles Bead, 18070 Collins Avenue,Pinny isles Beach,Florida 3316Q (305)947-060.6 phOne(305)949-3113 Fax • . _ ,.. .. .. 13. ,.PUBLIC RECORDS. The Consuliantl shall be required to crzimply•vAth the following ... requirements kinder Florida's Public Records Law: < (i.) Consultant shall keep and maintain public records required by the City to perform • theservice. , (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,sFlOtida Statutes; or as otherwise providitcl • 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 4uttioriz;ect by-td,,y for the duration of the contract tern' and following completion of the contract if the Consultant does not transfer the records to the city. I (iv) Consultant shall,upon completion of the ccintrapti transfer, at no cost;to the City .1— - I all public records in possession of the Consultant or keep and maintain public records required yy the City to perform'the serviceIf the Consultant transfels all publie records to the City iipin completion'of the contract, the Consultant shall destroy 'any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements:lithe Consultant 1- keeps and maintains public records upon completion of thectontria,the Consultant shall Meet III applicable requirements for retaining public eeeords. All?records stored electronically Must be provided by Consultant to the City, upon reqUiSt from th:e'City,:in a format that is compatible with the information technology systenis of the City: IF THE CONSULTANT HAS .QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDASTATUTES, TO THE _ • CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS .RELATING - 1 - - • . 1- TO THIS CONTRACT;CONTACT TAE-eiTy18 CUSTODIAN OF PUBLIC , . RECORDS AT (305) 792-1703, CityClgi-ligsibil:fiet, 18070 Collins AVtilue, - 1 _,. 41h Floor,Sunny Isles Beach,Florida 33160. ., ... • 1 . , . . 14. .AUDit. The Consultant shall make available to the City of its representative all required• financial reto-rdt associated with the Agreement for.a paritid of Three(3)YO•ar ; ',- • 15. KON.:D1SCRIMINATION. The Consultant agrees to comply with all local and state . . . civil rlghtsordinances-and with Title VI of the Civil Rights Act of:1984 as amended, Title VU! of the Civil Rights Act of 1968 as amended,Title 1 of the kfousfpg.imitommunity'DevelOpMeht Act of.1974 as.a-inendad, Section 504 of the Itetiabilitat,iifiti 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 Exectiitive Orders 13375 and 12086. '-i The ConSUltant wi-11not discriminate against any employer or applicant for employment because of race, ColCir, creed religion,,ancestry; national origin, ek., disabilitjt.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 troniStich diSCriMinatibn. Such - ei mployment-practices inClude but Are no-tlirnite-0 to the- folio-Wing:. m hiring, upgrading,deotion, . . - 6 . - , • . CO3 i 2-16 17:026—Calvin,diordano&Associates,inc. • Ci-9 of Sunny Isles Beach 18070 Collins AVenite)'Sunny,Itles Beach, Florida 33160 • (305)947-0606 phone P(305)949-3113 Fax transfer,recruitment or recruitment adve-rtising,ilayoff,termination,rates of pay or other forms of _ _ . . . compensation,and selection for training,including appreiltioeship. The-Consultant agrees to post - = in conspicuous places; available ;o employees and:aPplicants for emplOyment,.notibes to I be' provided by the City setting forth the provisions of'this non discrimination clause. 'he Consultant agrees to comply with any Federal'regulations issued pursuant to compliance wiith Section 504 of the Rehabilitation Act of 1973 (29 u.t.e: 708),which prohibits discrimination against the-handicapped in any Federally ossified program. • 16. CONFLICT OF INTEREST. The Consultant. agrees to adhere,to and be governed by the Miami Dade Conflict of interest Ordinance Section 2-11.1,as amended; and by he City of Sunny Wes Beach Ordinance No.99,82?which are incorporated by reference herein as if fully set forth:herein,in connection with the Agreement cnditions hereunder. • The Consultant covenants that it presently has no interest and shall not acquire any interest, 9 directly 0.indirectly which should conflict in any manned or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement,no persn having any'such interest shall knowingly be employed by the Centultant. 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.fullest eXtent permitted by law, to defend;:indemnify:and hold harmless the City, its agents, representatives,Officers,directors,officials and;employee?from and against all claims,damages", losses and expenses (including but not limitedie attorney's fees, arbitration costs, and costs lof appellate proceedings)relating to,arising out ofOr resulting from the consultant's negligent pelts, errors, mistakes or omissions relating to professional services in the performance of tus Agreelneith The'Consultant's duty to defend,hold harmless and indemnify the City, its agenitt, repretentativet, 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 jot injuryto'irripainnentior destruction of tangibleproPertyincluding loss of use resulting therefrorn, caused by any negligentaatS,etrots,enittaket.or-oMi-Ssions related to professional services in 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 fort the indemnification set forth in this Agreenient. 18: COMPLIANCE WITH LAW. ConSultant,shall comply with all laws,regulations and ordinances of any federal,state,or local,governmental;authority haying jtirisdietion with respect. to this Agreement("Appliertble.Laws'' and shall obtain arid maintain any arid all material perinitS, licerites,approvals and consents necessary for the lawful;conduct of the activities contemplated under thit:-Agreenient. 19.. CONFLICTING,PROVISIONS. The terms and conditions in this Agreement;Shall supersede any other conflicting provisions that are-ContTned in any other document i including • but not limited to Attachments"A"and'13". :If there is a conflict or inconsistency between diny • term,statement,requirement,orprovisiondf any exhibit attached hereto,includingbut not limited .• 7 . • SIB . C0312-1617:026— Giordanâ&Aisocialis,inc. • r • • City of Sunny Isley Beach 18070 Collin`s A%enue,Sunny Isles Beach,Florida 33160 • (305)947-0606;phone(305)949-31.13 Fax • . to Attactimeius"A",and_'B", or any other document:or events-referred to herein, or otherwise incorporated by reference, the ,term, statement; requirehient, or provision contained in this Agreement shall prevail and be:given superior effect`and priority 20. MISCELLANEOUS. A. in the event any jrovision 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 viroid 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,coniniitnients,agreements and understandings relating hereto. D. Anymodification of this Agreement shall be effective only if in writing and signed by the;parties to this Agreement. V E: No waiver of any prov"i"sion Of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. • (Remainder ofpage intentionglljl;left blank./ - • . • 3_ �a � CO311.161 T 0?6-'Calvin,Giordano tk Associates,!pc. . . - A _ . J .. • Op)of Sunny Is*Bench 18070 Collins Avelittel Stuiriy Isles Beach,Florida 33160 ' (305)947-0806photte Z305)949;31.13 Fax 1 . I • • . ..., . TSS witeREop,the partiet hereto have executed this Agfegaidni in triplicate = oathe'dayAd year first written above. .. . = - . WIVES** . i t AL EN,OIORDANQ& ASOcIAISS,,INC. , . . /.Of.t:UK:cbgajek- 4/0, . ., • .'.. I AI' . .. Signature 'OY: .4•; . . . . !iincipAl In Charge 1 .1.env.,,ii e.,„,....,•etc..y.k.) Print Name ,. • • " • 4•••: • . -. - .., .,:.,'',.'w,-at:4; :•' . . • 1 . if i.f. _ • , :7. .e4 ", 7 % - V AM: •I 4-el.; CIO ' Jk ISLES BEACH ,1 rw • . 1 ....."• .-_,,,Z';--..i..4t -\\k or 01/10. ' 1 , •• '•-•..ep-;:%* • Nomli..„!1,.. , BY: P. • 4. sy•:. : ..:81riiiR.--- - ., - --- q v• •171 •`1•: .Jape A.Pm- 1 C,City Dleil< Gegrl, 1-1:'Schell,Mayer'. • • cO5z, A; •'. .' 4 , 'VA-;:lc.......r) . .• -_ I AP RiOVED A, P FORM ANti 1:,!'e• , '-i: dENCY - - . •BY IAAtiliti •:":.-tPiti r9t, 'tY/Moray - • ' . 1 , • i. . . • I :9 , •f"4 . el 1:13 CO3 12-1617.!026,-Ctity:in:(31pritqko ik.4s...4*tes.Inc. . t 1 ' . . •. • • 11, •tf• ' . ... I , • -,-•,--,-- ntrCdoMIm,•toiordano8Associates, Inc. . “ sotuTions. ! PROFESSIONAL FEE SCHEDULE- , . - - . -Pin1Pal 21570 LANDSCAPE ARCHITECTCoactAitcar , - 190.00 ,Associate,La ridicape Architect 165.00, Project Administrator 165.00 : Senior Landscape Architect 135.00 Estepillve Assistant/ClericC I 1160 EntroltrifiritalASIMInistrator )25.60 Eand.scapeArchiteir 1120.00' ENGINEERING . . EmSroijmental Specialist 105.00 • . Assoclate,Engineering(Vi) 19000 ' landscape(ADD Technldan 9100 Direttof.EngyieerMg(V) 1710E3 ' EnyironmentalAssIstan1 90•00 Project Manager(fy) 150.00 • Landscape Inspectoi/Arborlst .05.011. • Project Engineeriiiij 130:60 r landsiapeDasignee 120.00 .Engineer(ll) ' 110.00 : Lelds60e SI t:iP ao Reviewer 135.00 StrecIng de Services Jr.Engineer(I) . 100.00 CceslafEngInsetatg .Senlor CADO Tech Manager • 115.00 , INDOOR AIR-(81AUTYSERVICES • *de Enfacerneal -CAM Techiiiclan .9900 Sr.Emtornrienta i Scientist 125.00 ' onstrue/13n nVseering rmliiCiMinist a to 90.00 ': Environment aikientist • 106.09 CEPg • -- ' - ' end inipectinn 1 _ .0AT4 TECH DEVELOPMENT ' CONSTRUCTION -Cdaftragn 6 6 rik e4 ASSO-Ciate,Data Tech Oev. .1 .6.0 AsioCiate,Coliiirkroon 165.00 . CedraalGovetnrnint GIS Coordinaecii 145.00 ' ConStruction Management Director -113100 Oda fec8ablogles GISSPeclafist- , 12S,00 . ConstrectIon Piers ager . 125.00 gni Devd5pment fyiulti•Medla10 peveloper, 115.00 ' Serribr inspector 100.00 Ern!igency hienegernent • ,GISTsctinician 1 qo.00, ' Inspector 90.00 • ?trilatie Sr.Applications Developer ! 165.00 '' Cons trettion Cookinitor , , 9000 • Engineering Applications Developer '1 13 ,ocs ' 1 Network Administrator. • 155.00 - ;EMERGENCY MANAGEMENT • EnStiM airnenta1Sieis • Syste in Support SO d all st : 115100 , Okector 1(15.00 Fuegos MeheSemed IT Support SPeilalise 85.00 . Planner iploo " -- • Indoor Ail:testily • Assistant Ple,nner 90.00 " Ladiappieinecitya . GOVERNMENTALSFR VICES ! ..... _ . _, fkr,l,c1p4 Eniln urine Aisecietei V1). 190.00 ;.' P!APO G bir;Ctor of 6:xle enforce-meht : 14540 ,' 'Associate,Planning 175.00 Director of Building Code 14100 ! Oirentor iifPI inning . r,- .156.00 . ,.. iktic Adanistratitip . irojeteManager14160 Pierming Almtnistritoi 150.00 • ileMbkornent , .Grants Adrninlstratcir. 1/5.0 .; Planning Manigii . 14500 , gad Urhen Design . Code Enforcement field Supervisor 1100 Serdbr Planner •125.00 sum*,eni mapong : Code Enforcement Reid Inspector 90.00 'Assistant Planner 90.00 . lding cifitClal 115.00 TOic Isiginecrtv 110!tini Plans Rel:sewer 90.00 '1 EXPERT lAirrNESS TaisPairigen planning .auUding inspector 00 _ • 90. PrInelps1/Ass Oat e 330.00 . 'Permit Processor • 75.00 :` flegIsteredln gin eer/Sumeycir ziatio OSA cestiict iSkses _ProjectEriglneer 230.00 • _ SURVEYING - - • Associate,StinfeYiAli • 165.00 . Senior Registered Suiriefor 145.00 'i - - ' . - - Siiiiey Crevi 14100 :( • i tfi,ieyo,r , iig,no ';, In addIttrintii tkelloitrty rotes listed_ Re'si*.ted SifiVely coorchha(or 1.6 .0-6 , phase,c 6org es will Include ilfreet • CAtioyechnIcian • 95,00. :! 'Out-of.potkef-eypenses stick as • 1E00 Eflei Drive • 30 laser'Scanner 355.0 ' ceiliOdyction,:overtitgiit mpg and 8u lle GOO ' . _ . • ,. 1 Fort wide:640;Ft. . Hydrographk Survey Crew •31:0501. ,,, '. rthotijhirtirpirecreititrobftilillosbles:bIlled_at o• G.P.S.Suivei,Crew i 30316 954.921.7781 pricao Sub,rne ter G.P.S , 75,00 r ' _. - •-- - - - . . . - 034.921.8807 fait . Soft Dig(per hole) . 480.00. • Utility Lodi es'(fieihoisr) 205.,99 : - , meows csotOo ei 1,2014. 4 . Nr.m.cgasoluila na.com . . - • . • 4 FORT LAtIOERDALE MEsi PAW BEAM PORI SLUICE '110411AiiE40 . 41IPAICLEIRATE0 JACKSOIMILE ARATA 4'1 I r) • • .• ATT A 1-fiVI- ENti "A" . . . • • i , • 1 i . I • 1/12/2018 I Item Coverspeet • oks_‘3.2-7.4.ts:, City of Sunny Isis Beach ••7-..4cit 1, 18070 Collins Avenue • Sunny Isles Beachi-Flot,ide 33160 -I •• • (305)047-0606 City Hall `r -o'' • • - 1 - „ (305)943!3113 Fax , MEMORANDUM TO: The HonorableiVlayoi-and City CommiSsion • •4 VIA: christOpher J. Russo,City Manager • , FI:t0M! 'Susan Simpson,'"issistant City Manager DATE: 1/18/2018 ' • RE Second Agreement to the Agr,eerrient With Calvin, GrdanO&ASsoatates, Ind. I RECOMMENDATION: This items is presented for-your OonSideratiOn. • REASONS; The City of Sunny isles Beach contracted with Calvin, Giordano & ASSoCiates, Inc. In :February, 2017, for .professional planning and " zoning :consulting ServideS civil and _traffic engineering services, reporting for the National Pollutant Discharge Elimination System - .(NPDES),and Public Work t Man reVieW. _ . The City wishes to exercise Its first option to renew the Agreement for • one year in accordance with the terms'and conditions of the original contract:Compensation fdr,this renewal term will be billed as needed in an amount Not To Exceed an addltionl S141,49,50 for a total contract amoUritlif$351,299.50., FUNDING SOURCE: . . • Rinds are budgeted:fOr and availaptein • a6courits: 00 1.1.64)000 . 0a00,60600:Zoning pOits • DC11-4,5241-43160,0600b-Oiarining&Zoning profeSsional Services . 400j5-5380-43100040000,-NP.DES 1 0-5-54'104-31 O06-000.645 PVi(Engineering Plan Revievs Item Number;.19.I.- , • • • https://surpyisles.novusagenda.com/AgendawebicOversheet.aspvitenilD=2286 1/1 "oliablk • CONTRACTOR ANTI-BOYCOTT CERTIFICATION • _ OF PO [PURSUANT TO FLORIDA ST:0'0TE§215.4;725] 1211)nIS lCifaanc)on behalf o -1 (le • Print Name COmpany Name g certifies th, g n kmit does not: Company Name 1-. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies thatpoycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 1 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 $ya. • Signature Title /) V/ Date ATTACHMENT 4B" • so.„1:4$ City ®f• Sunny isles Beath ADA=' �- . ti __ �p 18070 Collins.Avenue Sunny Isles Beach, Florida 33160 • • • 947-0606 C ,H ityall-. '' - - - f. roF fio+, ,(3g5)949-3113 Fax MEM.®RANDUM.. • • TO: - The Honorable Mayor and.City Commission VIA: Christopher J. Russo, City Manager • FROM: Claudia C. Hasbun, Planning-andZoning Director • ' DATE: '1117/2019 Approving a Second Amendment to the Agreement`with=• • - RE: - Calvin, Giordano,and Associates for Professional Planning and Zoning Services • RECOMMENDATION: . • • '7This Resolution is presented-for your review. .'- - -., _ -- REASONS: The City awafded-RFQ-1'6-12-01 to-Calvin; Giordano.:and'Associates; . ' :iI nc:':,under•:-Resolution':2017-2654 ''and entered .into a:•'contract on February 1,2017.--This is the second renewal option-.out of four renewal - ' • • ' • options. The -P&Z. Services are nut to`.exceed•$150,000 00 which = • -includes building plan review, site plan recovery cost reviews, and • plahhing'stud'ies. _ . - .. .. :ATTACHMENTS'; . : Description - Resollutiori • Second Amendment • • • Item`Number: 10.C, • • • 57 • •